Agriculture, Chesapeake and Natural Resources CommitteeAgriculture, Chesapeake, and Natural Resources Committee

Meets on:  Wednesday at 9:00 a.m. in House Room 3

Members Ken Plum (Chair) – Rob Bloxom – David Bulova – Joshua Cole –  James Edmunds – Todd Gilbert – Wendy Gooditis – Nancy Guy – Dan Helmer – Sally Hudson –  Mark Keam – Alfonso Lopez  – Danny Marshall    Charles Poindexter – Margaret Ransone –  Shelly Simonds – Kathy Tran – Roslyn Tyler – Lee Ware  – Michael Webert – Rodney Willett – Tony Wilt

13 Democrats and 9 Republicans

Subcommittees:

  • Agriculture
  • Chesapeake
  • Natural Resources
i
  • HB 1750 Dairy Producer Margin Coverage Premium Assistance Program; established.
  • HB 1751 Peanuts; extends sunset date of excise tax on all peanuts grown in Virginia.
  • HB 1760 Conservation easements; certain easements be liberally construed in favor of purpose which created.
  • HB 1763 Tax credit; agricultural best management practices.
  • HB 1804 State parks; DCR to develop recommendations for funding, report.
  • HB 1819 Rappahannock River; designating a 79-mile portion as a component of Va. Scenic Rivers System.
  • HB 1833 Conservation and Recreation, Department of; leasing of land.
  • HB 1836 Natural Resources, Secretary of; name changed to the Secretary of Natural and Historic Resources.
  • HB 1837 Virginia Soil and Water Conservation Board; clarifies membership.
  • HB 1902 Expanded polystyrene food service containers; prohibition, civil penalty.
  • HB 1928 Historic resources; acquisition and lease of land.
  • HB 1958 South River; designates segment in City of Waynesboro as part of Va. Scenic Rivers System.
  • HB 1965 State Air Pollution Control Board; low-emissions and zero-emissions vehicle program.
  • HB 1982 Nutrient credits; use by facility with certain stormwater discharge permit.
  • HB 1983 Wetland and stream mitigation banks; proximity of impacted site.
  • HB 2030 Neonicotinoid pesticides; communication between beekeepers and applicators.
  • HB 2068 Local Food and Farming Infrastructure Grant Program; established.
  • HB 2078 Industrial hemp; updates laws to address the new hemp producer license.
  • HB 2129 Chesapeake Bay; wastewater treatment, Enhanced Nutrient Removal Certainty Program established.
  • HB 2159 Balloons; release of nonbiodegradable balloons outdoors prohibited, civil penalty.
  • HB 2187 Recurrent Flooding Resiliency, Commonwealth Center; study topics to manage water quality, etc.
  • HB 2203 Virginia Agriculture Food Assistance Program and Fund; established and created.
  • HB 2213 Gold; Secretary of Natural Resources, et al., to study mining and processing.
  • HB 2250 Humane Cosmetics Act; civil penalties.
  • HB 2298 Muzzleloading rifle and shotgun; clarifies definitions.
  • HB 2302 Farmers market food and beverage products; sales considered essential during state of emergency.
  • HB 2311 Objects of antiquity; unlawful to remove from battlefield, penalty.

Note: Details on bills passed below are in the Heading “Bills passed”

i

Standing Committee: 1/20 1/27 2/3 2/8 2/10 2/17 

Subcommittee on Chesapeake:  1/18 1/18 1/25 2/15 

Subcommittee on Agriculture: 1/19 1/20 1/27 2/17 

Subcommittee on Natural Resources: 1/20 1/27 2/17 

The geography of Mathews County was carved by catastrophe.

Thirty-five million years ago, a meteorite or comet tore through the Earth’s atmosphere and slammed into its surface somewhere between the county and what is now called Cape Charles. In the ruin it left behind, the Chesapeake Bay would form. Mathews, at the very tip of Virginia’s Middle Peninsula, remains one of the state’s lowest-lying areas, surrounded on three sides by the Chesapeake Bay and the waters that flow into it.

“We’re flat as a pancake,” said Thomas Jenkins, the county’s planning, zoning and wetlands director. “Much of the county is close to sea level.”

Today a far slower but perhaps no less catastrophic force is reshaping Mathews. As climate change drives seas upward, the county is struggling to keep its waterfront properties above the tides.

On environmental justice, Democrats split over the best path forward
Virginia Mercury, Sarah VogelsongMarch 12, 2021 (Short)

When the U.S. 4th Circuit Court of Appeals struck down an air permit last year for a compressor station Dominion Energy wanted to site in the majority-Black community of Union Hill as part of the 600-mile Atlantic Coast Pipeline, the judges admonished state officials that “environmental justice is not merely a box to be checked.”

In the wake of the ruling, newly ascendant Democrats in the General Assembly looked to legislation as a fix. Environmental justice — the idea that no group should bear a disproportionate share of negative environmental consequences and that communities impacted should have “meaningful involvement” in the decision-making process — was added to state code and its promotion became declared state policy.

But as the 2021 session drew to a close, Democrats split over what to do next.

Virginia legislators can ensure big environmental wins this session
Virginia MercuryFebruary 15, 2021 (Short)

Eighteen months ago, Virginia released its Phase III Watershed Implementation Plan, which lays out the steps for achieving a restored Chesapeake Bay and healthy local rivers and streams by 2025. Achieving that goal by the target date will depend on significantly accelerated state investments in the key programs that reduce pollution from farmlands, sewage treatment plants, and the hard surfaces of our cities and suburbs.

Virginians are taking note. Before COVID took hold a year ago, legislators approved historic levels of clean water funding. Since then, despite the pandemic, the resulting economic downturn, and the year’s social and political upheavals, signs of continuing commitment to our waterways and natural environment abound. Visits to state parks are at an all-time high, favorite hiking trails and waterways have been crowded, and many have rediscovered in the outdoors an antidote to stress and anxiety.

Legislators are also recommitting to our lands and waters. Virginia is poised to enact landmark legislation (HB 2129 — Del. Alfonso Lopez and SB 1354— Sen. Emmett Hanger) that will require and direct significant upgrades to many older wastewater treatment plants along the James and York Rivers and other waterways. This work — continuing an effort that has seen great success in earlier phases — will lead to substantial reductions in the pollution that reaches the Chesapeake Bay over the next several years. But funding this effort will require help from the state.

Summary

Meets on:  Wednesday at 9:00 a.m. in House Room 3

Members Ken Plum (Chair) – Rob Bloxom – David Bulova – Joshua Cole –  James Edmunds – Todd Gilbert – Wendy Gooditis – Nancy Guy – Dan Helmer – Sally Hudson –  Mark Keam – Alfonso Lopez  – Danny Marshall    Charles Poindexter – Margaret Ransone –  Shelly Simonds – Kathy Tran – Roslyn Tyler – Lee Ware  – Michael Webert – Rodney Willett – Tony Wilt

13 Democrats and 9 Republicans

Subcommittees:

  • Agriculture
  • Chesapeake
  • Natural Resources

News

i
  • HB 1750 Dairy Producer Margin Coverage Premium Assistance Program; established.
  • HB 1751 Peanuts; extends sunset date of excise tax on all peanuts grown in Virginia.
  • HB 1760 Conservation easements; certain easements be liberally construed in favor of purpose which created.
  • HB 1763 Tax credit; agricultural best management practices.
  • HB 1804 State parks; DCR to develop recommendations for funding, report.
  • HB 1819 Rappahannock River; designating a 79-mile portion as a component of Va. Scenic Rivers System.
  • HB 1833 Conservation and Recreation, Department of; leasing of land.
  • HB 1836 Natural Resources, Secretary of; name changed to the Secretary of Natural and Historic Resources.
  • HB 1837 Virginia Soil and Water Conservation Board; clarifies membership.
  • HB 1902 Expanded polystyrene food service containers; prohibition, civil penalty.
  • HB 1928 Historic resources; acquisition and lease of land.
  • HB 1958 South River; designates segment in City of Waynesboro as part of Va. Scenic Rivers System.
  • HB 1965 State Air Pollution Control Board; low-emissions and zero-emissions vehicle program.
  • HB 1982 Nutrient credits; use by facility with certain stormwater discharge permit.
  • HB 1983 Wetland and stream mitigation banks; proximity of impacted site.
  • HB 2030 Neonicotinoid pesticides; communication between beekeepers and applicators.
  • HB 2068 Local Food and Farming Infrastructure Grant Program; established.
  • HB 2078 Industrial hemp; updates laws to address the new hemp producer license.
  • HB 2129 Chesapeake Bay; wastewater treatment, Enhanced Nutrient Removal Certainty Program established.
  • HB 2159 Balloons; release of nonbiodegradable balloons outdoors prohibited, civil penalty.
  • HB 2187 Recurrent Flooding Resiliency, Commonwealth Center; study topics to manage water quality, etc.
  • HB 2203 Virginia Agriculture Food Assistance Program and Fund; established and created.
  • HB 2213 Gold; Secretary of Natural Resources, et al., to study mining and processing.
  • HB 2250 Humane Cosmetics Act; civil penalties.
  • HB 2298 Muzzleloading rifle and shotgun; clarifies definitions.
  • HB 2302 Farmers market food and beverage products; sales considered essential during state of emergency.
  • HB 2311 Objects of antiquity; unlawful to remove from battlefield, penalty.

Note: Details on bills passed below are in the Heading “Bills passed”

i

Standing Committee: 1/20 1/27 2/3 2/8 2/10 2/17 

Subcommittee on Chesapeake:  1/18 1/18 1/25 2/15 

Subcommittee on Agriculture: 1/19 1/20 1/27 2/17 

Subcommittee on Natural Resources: 1/20 1/27 2/17 

The geography of Mathews County was carved by catastrophe.

Thirty-five million years ago, a meteorite or comet tore through the Earth’s atmosphere and slammed into its surface somewhere between the county and what is now called Cape Charles. In the ruin it left behind, the Chesapeake Bay would form. Mathews, at the very tip of Virginia’s Middle Peninsula, remains one of the state’s lowest-lying areas, surrounded on three sides by the Chesapeake Bay and the waters that flow into it.

“We’re flat as a pancake,” said Thomas Jenkins, the county’s planning, zoning and wetlands director. “Much of the county is close to sea level.”

Today a far slower but perhaps no less catastrophic force is reshaping Mathews. As climate change drives seas upward, the county is struggling to keep its waterfront properties above the tides.

On environmental justice, Democrats split over the best path forward
Virginia Mercury, Sarah VogelsongMarch 12, 2021 (Short)

When the U.S. 4th Circuit Court of Appeals struck down an air permit last year for a compressor station Dominion Energy wanted to site in the majority-Black community of Union Hill as part of the 600-mile Atlantic Coast Pipeline, the judges admonished state officials that “environmental justice is not merely a box to be checked.”

In the wake of the ruling, newly ascendant Democrats in the General Assembly looked to legislation as a fix. Environmental justice — the idea that no group should bear a disproportionate share of negative environmental consequences and that communities impacted should have “meaningful involvement” in the decision-making process — was added to state code and its promotion became declared state policy.

But as the 2021 session drew to a close, Democrats split over what to do next.

Virginia legislators can ensure big environmental wins this session
Virginia MercuryFebruary 15, 2021 (Short)

Eighteen months ago, Virginia released its Phase III Watershed Implementation Plan, which lays out the steps for achieving a restored Chesapeake Bay and healthy local rivers and streams by 2025. Achieving that goal by the target date will depend on significantly accelerated state investments in the key programs that reduce pollution from farmlands, sewage treatment plants, and the hard surfaces of our cities and suburbs.

Virginians are taking note. Before COVID took hold a year ago, legislators approved historic levels of clean water funding. Since then, despite the pandemic, the resulting economic downturn, and the year’s social and political upheavals, signs of continuing commitment to our waterways and natural environment abound. Visits to state parks are at an all-time high, favorite hiking trails and waterways have been crowded, and many have rediscovered in the outdoors an antidote to stress and anxiety.

Legislators are also recommitting to our lands and waters. Virginia is poised to enact landmark legislation (HB 2129 — Del. Alfonso Lopez and SB 1354— Sen. Emmett Hanger) that will require and direct significant upgrades to many older wastewater treatment plants along the James and York Rivers and other waterways. This work — continuing an effort that has seen great success in earlier phases — will lead to substantial reductions in the pollution that reaches the Chesapeake Bay over the next several years. But funding this effort will require help from the state.

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Agriculture Subcommittee

Meets on:  Wednesday at 4:00 pm in 400-B Subcommittee Room

MembersWendy Gooditis (Chair),  Joshua Cole,  Sally HudsonMark Keam,  Danny Marshall,   Charles Poindexter,  Roslyn Tyler,  Tony Wilt

Chesapeake Subcommittee

Meets on:  Monday at 4:00 p.m. in 300-A Subcommittee Room

MembersAlfonso Lopez (Chair),  Rob Bloxom,  David Bulova,  Todd Gilbert,  Nancy GuyDan Helmer,   Margaret Ransone Shelly Simonds

Natural Resources Subcommittee

Meets on:  Wednesday at 8:00 AM in House Room 3

MembersKathy Tran (Chair),  Joshua Cole,   James Edmunds,  Sally HudsonMark Keam,   Lee WareMichael WebertRodney Willett

Bills in committee   

Commissions & Boards

X
Appropriations Committee 1Appropriations Committee

Meets on:  Monday, Wednesday, and Friday at ½ hour after adjournment in Shared Committee Room

Members:  Luke Torian (Chair) – Lashrecse Aird – Terry Austin – Rob Bloxom – Emily Brewer – David Bulova –Betsy Carr – Kirk Cox – Glenn Davis – Matt Fariss – Cliff Hayes – Chris Hurst – Jay Jones – Barry Knight – Paul Krizek – Delores McQuinn – Will Morefield – Ken Plum – David Reid – Nick Rush – Mark Sickles – Roslyn Tyler

13 Democrats and 9 Republicans

Subcommittees:

  • Capital Outlay
  • Commerce
  • Agriculture and Natural Resource
  • Compensation and General Government
  • Elementary and Secondary
  • Health and Human Resource
  • Higher Education
  • Transportation and Public Safety
i
Appropriations bills passed by General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 2101: GO Virginia Grants; matching funds, extends sunset provision
  • HB 2174: VirginiaSaves Program; established, membership
  • HB 2177:  Capital outlay plan; repeals existing six-year capital outlay for projects to be funded
  • HB 2178:  Commonwealth of Virginia Higher Educational Institutions Bond Act of 2021; created
  • HB 2179: Refunding bonds; alters the principal and interest requirements
  • HB 2181:  Virginia Retirement System; technical amendments
  • HB 2187:  Recurrent Flooding Resiliency, Commonwealth Center; study topics to manage water quality, etc
  • HB 2223: Treasury and State Treasurer, Department of the; surety bonds
  • HB 5001: Shipping and Logistics Headquarters Grant Program; established, report
i
Appropriations 2021 Hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/18  1/18  1/26 1/29 2/3  2/7 2/10  2/12 2/17.1  2/17.2   2/22

Subcommittees:
Capital Outlay: 1/18
Commerce: 1/29  2/2  2/15  2/19 2/22 
Agriculture and Natural Resource: 1/29  2/2 2/19 2/22
Compensation and General Government: 1/19  1/26  2/1
Elementary and Secondary: 1/27  2/17
Health and Human Resource: 1/27 2/17
Higher Education: 1/27
Transportation and Public Safety: 1/14 1/29  2/1 2/22

Virginia legislators can ensure big environmental wins this session
Virginia Mercury, Peggy SannerFebruary 15, 2021 (Medium)

Legislators are also recommitting to our lands and waters. Virginia is poised to enact landmark legislation (HB 2129 — Del. Alfonso Lopez and SB 1354— Sen. Emmett Hanger) that will require and direct significant upgrades to many older wastewater treatment plants along the James and York Rivers and other waterways. This work — continuing an effort that has seen great success in earlier phases — will lead to substantial reductions in the pollution that reaches the Chesapeake Bay over the next several years. But funding this effort will require help from the state.

Fortunately, state revenue forecasts are better than had been feared. The budget amendments proposed last week by committees in the House of Delegates and the Senate reflect legislators’ recognition of the importance of this work. Notably, the House Appropriations Committee proposed $150 million in bond funding to help upgrade these plants. A conference committee of legislators, including committee chairs Sen. Janet Howell and Del. Luke Torian, is now negotiating a final state budget for Gov. Ralph Northam’s approval.

Accelerating investments in other effective clean water programs will also be necessary to achieve the goals. The Stormwater Local Assistance Fund reduces polluted runoff, the noxious brew that, during rainstorms, flows off pavement and buildings and into local streams. This money has helped cities and counties across Virginia pay for effective runoff-reducing projects by providing grants for up to half the project’s cost. These investments can also reduce localized flooding issues, which is essential as we see increased precipitation as a result of climate change.

Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The bill provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the bill. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields.

No more than $10 million shall be awarded to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program. Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The bill also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the bill requires the Department to submit an annual report regarding the administration of the Fund and Program to the General Assembly. However, the annual report shall not be required if the Fund and Program are not funded.

Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice. Bill passes both the House and Senate

HB 2207: Workers' compensation; presumption of compensability for COVID-19
Jerrauld C. "Jay" JonesFebruary 23, 2021 (Short)

Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers’ Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. Senate is insisting on a substitute and has requested for a conference committee

According to independent research conducted by the Commonwealth Institute for Fiscal Analysis, the budget proposed by the Virginia House Appropriations Committee last week would disproportionately cut funding to school districts with the highest share of students of color.

School divisions with the highest proportion of Asian, Black, Hispanic, and other ethnic minorities on average are seeing cuts of $65 per pupil on average under the proposed house budget. That’s almost two times the $34 per pupil reduction to predominantly White school districts.

In Culpeper County, where roughly 47% of the school-age population are people of color, schools will lose $106 per pupil — one of the largest per-student cuts in the state.

Virginia House of Delegates Passes Amended Biennial Budget
Blue VirginiaFebruary 12, 2021 (Short)

RICHMOND, VA—Today the Virginia House of Delegates passed the amended 2020-2022 biennial budget (HB 1800) by a vote of 68-30.

The House’s package of budget amendments will fund policies that support the House Democratic Caucus’s 2021 agenda aimed at building a better Virginia. This fiscally responsible budget will also protect the Commonwealth’s “AAA” bond rating by placing an additional $130 million into Virginia’s revenue reserves.

The House Appropriations Committee released its recommended amendments to the FY 2020-2022 budget on February 10.

Summary

Meets on:  Monday, Wednesday, and Friday at ½ hour after adjournment in Shared Committee Room

Members:  Luke Torian (Chair) – Lashrecse Aird – Terry Austin – Rob Bloxom – Emily Brewer – David Bulova –Betsy Carr – Kirk Cox – Glenn Davis – Matt Fariss – Cliff Hayes – Chris Hurst – Jay Jones – Barry Knight – Paul Krizek – Delores McQuinn – Will Morefield – Ken Plum – David Reid – Nick Rush – Mark Sickles – Roslyn Tyler

13 Democrats and 9 Republicans

Subcommittees:

  • Capital Outlay
  • Commerce
  • Agriculture and Natural Resource
  • Compensation and General Government
  • Elementary and Secondary
  • Health and Human Resource
  • Higher Education
  • Transportation and Public Safety

News

i
Appropriations bills passed by General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 2101: GO Virginia Grants; matching funds, extends sunset provision
  • HB 2174: VirginiaSaves Program; established, membership
  • HB 2177:  Capital outlay plan; repeals existing six-year capital outlay for projects to be funded
  • HB 2178:  Commonwealth of Virginia Higher Educational Institutions Bond Act of 2021; created
  • HB 2179: Refunding bonds; alters the principal and interest requirements
  • HB 2181:  Virginia Retirement System; technical amendments
  • HB 2187:  Recurrent Flooding Resiliency, Commonwealth Center; study topics to manage water quality, etc
  • HB 2223: Treasury and State Treasurer, Department of the; surety bonds
  • HB 5001: Shipping and Logistics Headquarters Grant Program; established, report
i
Appropriations 2021 Hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/18  1/18  1/26 1/29 2/3  2/7 2/10  2/12 2/17.1  2/17.2   2/22

Subcommittees:
Capital Outlay: 1/18
Commerce: 1/29  2/2  2/15  2/19 2/22 
Agriculture and Natural Resource: 1/29  2/2 2/19 2/22
Compensation and General Government: 1/19  1/26  2/1
Elementary and Secondary: 1/27  2/17
Health and Human Resource: 1/27 2/17
Higher Education: 1/27
Transportation and Public Safety: 1/14 1/29  2/1 2/22

Virginia legislators can ensure big environmental wins this session
Virginia Mercury, Peggy SannerFebruary 15, 2021 (Medium)

Legislators are also recommitting to our lands and waters. Virginia is poised to enact landmark legislation (HB 2129 — Del. Alfonso Lopez and SB 1354— Sen. Emmett Hanger) that will require and direct significant upgrades to many older wastewater treatment plants along the James and York Rivers and other waterways. This work — continuing an effort that has seen great success in earlier phases — will lead to substantial reductions in the pollution that reaches the Chesapeake Bay over the next several years. But funding this effort will require help from the state.

Fortunately, state revenue forecasts are better than had been feared. The budget amendments proposed last week by committees in the House of Delegates and the Senate reflect legislators’ recognition of the importance of this work. Notably, the House Appropriations Committee proposed $150 million in bond funding to help upgrade these plants. A conference committee of legislators, including committee chairs Sen. Janet Howell and Del. Luke Torian, is now negotiating a final state budget for Gov. Ralph Northam’s approval.

Accelerating investments in other effective clean water programs will also be necessary to achieve the goals. The Stormwater Local Assistance Fund reduces polluted runoff, the noxious brew that, during rainstorms, flows off pavement and buildings and into local streams. This money has helped cities and counties across Virginia pay for effective runoff-reducing projects by providing grants for up to half the project’s cost. These investments can also reduce localized flooding issues, which is essential as we see increased precipitation as a result of climate change.

Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The bill provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the bill. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields.

No more than $10 million shall be awarded to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program. Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The bill also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the bill requires the Department to submit an annual report regarding the administration of the Fund and Program to the General Assembly. However, the annual report shall not be required if the Fund and Program are not funded.

Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice. Bill passes both the House and Senate

HB 2207: Workers’ compensation; presumption of compensability for COVID-19
Jerrauld C. “Jay” JonesFebruary 23, 2021 (Short)

Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers’ Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. Senate is insisting on a substitute and has requested for a conference committee

According to independent research conducted by the Commonwealth Institute for Fiscal Analysis, the budget proposed by the Virginia House Appropriations Committee last week would disproportionately cut funding to school districts with the highest share of students of color.

School divisions with the highest proportion of Asian, Black, Hispanic, and other ethnic minorities on average are seeing cuts of $65 per pupil on average under the proposed house budget. That’s almost two times the $34 per pupil reduction to predominantly White school districts.

In Culpeper County, where roughly 47% of the school-age population are people of color, schools will lose $106 per pupil — one of the largest per-student cuts in the state.

Virginia House of Delegates Passes Amended Biennial Budget
Blue VirginiaFebruary 12, 2021 (Short)

RICHMOND, VA—Today the Virginia House of Delegates passed the amended 2020-2022 biennial budget (HB 1800) by a vote of 68-30.

The House’s package of budget amendments will fund policies that support the House Democratic Caucus’s 2021 agenda aimed at building a better Virginia. This fiscally responsible budget will also protect the Commonwealth’s “AAA” bond rating by placing an additional $130 million into Virginia’s revenue reserves.

The House Appropriations Committee released its recommended amendments to the FY 2020-2022 budget on February 10.

About

Web

VA Legislative Information Systems (LIS), House Committee pages, Website

Subcommittees

 

Capital Outlay Subcommittee

Meets on:  Monday at 8:30 a.m. in 300-A Subcommittee Room

MembersCliff Hayes (Chair),  Terry Austin,  Chris Hurst,  Jay JonesBarry KnightPaul Krizek,   Will MorefieldKen PlumDavid Reid

Commerce, Agriculture and Natural Resources Subcommittee

Meets on:  Wednesday at 3:00 p.m. in Shared Committee Room

MembersDavid Bulova,(Chair),  Rob Bloxom,   Matt Fariss,   Barry Knight,  Ken PlumDavid Reid,   Mark SicklesRoslyn Tyler

Compensation and General Government Subcommittee

Meets on:  Tuesday at 4:00 p.m. in Shared Committee Room

Members:  Roslyn Tyler (Chair),  Lashrecse Aird,  Rob Bloxom,  David BulovaBetsy CarrGlenn Davis,   Delores McQuinn,   Nick Rush

Elementary and Secondary Subcommittee

Meets on:  Tuesday at 4:00 p.m. in Shared Committee Room

MembersDelores McQuinn (Chair),  Emily BrewerDavid Bulova,  Glenn Davis,   Chris Hurst,  Jay Jones,  Ken Plum,   Nick Rush

Health and Human Resources Subcommittee

Meets on:  Wednesday at 9:00 a.m. in 300-A Subcommittee Room

MembersMark Sickles,(Chair),  Emily Brewer,  Betsy CarrKirk Cox,  Matt FarissCliff Hayes,  Jay Jones,   Paul Krizek

Higher Education Subcommittee

Meets on:    Monday at 3:00 p.m. in Shared Committee Room

Members:  Betsy Carr (Chair),  Terry Austin ,  Kirk Cox,  Cliff HayesChris Hurst,  Jay Jones,   David ReidNick Rush

Transportation and Public Safety Subcommittee

Meets on:  Monday at 4:00 p.m. in Shared Committee Room

MembersPaul Krizek (Chair),  Lashrecse Aird,  Terry Austin,  Barry Knight,   Delores McQuinnWill Morefield,  Mark SicklesRoslyn Tyler

Bills

Bills in committee 

SB 1100: Amends Chapter 56 of the 2020 Special Session I Acts of Assembly.

SB 1105: Provides that a person who was convicted of a felony offense, or who was adjudicated delinquent of an offense that would have been a felony offense if committed by an adult, may petition the Court of Appeals to have his conviction vacated.

SB 1106: Creates the Public School Assistance Fund and Program, to be administered by the Department of Education, for the purpose of providing grants to school boards to be used for the purposes of repairing or replacing the heating, ventilation, air conditioning, electrical, or plumbing systems or the roofs of public elementary and secondary school buildings in the local school division, including financing costs for such repairs and replacements

SB 1109: Provides for a statewide referendum on the question of whether the General Assembly shall issue state general obligation bonds in the amount of $3 billion for the purpose of K-12 school building construction, repair, or other capital projects related to the modernization of school facilities.

SB 1119: Creates a special non-reverting fund to be known as the Body-Worn Camera System Fund to assist state or local law enforcement agencies with the costs of purchasing, operating, and maintaining body-worn camera systems. Transportation & Public Safety sub-committee recommends reporting with amendments (7 Yes to 0 No)

SB 1150: Establishes the position of Military Spouse Liaison (the Liaison) in the Department of Veterans Services to conduct outreach and advocate on behalf of military spouses in the Commonwealth. Transportation & Public Safety sub-committee recommends reporting with amendments (7 Yes to 0 No)

SB 1211: Imposes an additional $4 vehicle registration fee to be deposited into the Public Safety Trust Fund, established by the bill. 

SB 1226: Provides that the Compensation Board shall consider workload totals comprehensively, including the use of diversion programs and specialty dockets, when determining staffing and funding levels for an attorney for the Commonwealth and the office. The provisions of the bill are contingent on funding in a general appropriation act. Compensation & General Government sub-committee recommends laying bill on the table (8 Yes to 0 No)

SB 1258: Requires any locality that does not operate a regulated MS4 and for which the Department did not administer a VSMP as of July 1, 2020, to notify the Department of Environmental Quality (the Department) if it decides to have the Department provide the locality with (i) review of a required erosion and sediment control plan and (ii) a recommendation on the plan’s compliance with the requirements of the Erosion and Sediment Control Law and the State Water Control Board’s regulations, for any solar project and its associated infrastructure with a rated electrical generation capacity exceeding five megawatts. Commerce, Agriculture, & Natural Resources sub-committee recommends reporting with amendments (8 Yes to 0 No)

SB 1261: Expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. Transportation & Public Safety sub-committee recommends reporting (5 Yes to 2 No)

SB 1301: Prohibits the use of isolated confinement in state correctional facilities and juvenile correctional centers, subject to certain exceptions. 

SB 1305: Requires all public bodies in a locality with a population in excess of 25,000 and covered institutions, defined in the bill, to include in every construction contract of more than $500,000 certain provisions related to the outsourcing of subcontracted work, which a contractor shall agree to during the performance of such contract. Passed by for the day in Commerce, Agriculture, & Natural Resources sub-committee (2/19/21)

SB 1319: Requests the Department of Environmental Quality to continue and expand the scope of the Waste Diversion and Recycling Task Force. Commerce, Agriculture, & Natural Resources sub-committee recommends reporting ( 5 Yes to 2 No)

SB 1339: Establishes a process for the sealing of police and court records, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have not been prosecuted or otherwise dismissed. Transportation & Public Safety sub-committee recommends reporting (5 Yes to 2 No)

SB 1362: Requires that, upon determination that a worksite cluster of COVID-19 has occurred at a workplace with 50 or more employees, the Department of Health (the Department) shall make a report available to the public on a website maintained by the Department that includes (i) the name of the employer at which a worksite cluster has been reported and (ii) the number of confirmed cases of COVID-19 reported by such employer. Health and Human Resources sub-committee recommends laying on the table (8 Yes to 0 No) 

SB 1365: Creates the Office of Data Governance (the Office) in the Office of the Secretary of Administration, to be directed by the existing Chief Data Officer of the Commonwealth. 

SB 1367: Requires that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act, the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in the Commonwealth or a contiguous state. Compensation & General Government sub-committee recommends laying bill on the table (5 Yes to 3 No)

SB 1369: Redefines “small business” for the purpose of programs for the Department of Small Business and Supplier Diversity to allow a cooperative association organized pursuant to Chapter 3 (Cooperative Associations) of Title 13.1 as a nonstock corporation to qualify as a small business if it is at least 51 percent independently controlled by one or more members who are U.S. citizens or legal resident aliens and, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years. Commerce, Agriculture, & Natural Resources sub-committee recommends laying bill on the table ( 6 Yes to 2 No)

SB 1396: Authorizes the State Board of Health to use the Onsite Sewage Indemnification Fund to provide grants and loans to property owners with income at or below 200 percent of the federal poverty guidelines to repair failing onsite sewage systems or install onsite sewage systems on properties that lack adequate sewage disposal. Commerce, Agriculture, & Natural Resources sub-committee recommends reporting (8 Yes to 0 No)

SB 1427: Establishes the Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board for the purpose of assisting the Department of Behavioral Health and Developmental Services in expanding the provision of high-quality, evidence-based early psychosis and mood disorder detection and intervention services.

SB 1428: Prohibits the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority from selling in government stores low alcohol beverage coolers not manufactured by licensed distillers. Transportation & Public Safety sub-committee recommends reporting (7 Yes to 0 No)

SB 1442: Establishes a public defender office for the County of Chesterfield. Transportation & Public Safety sub-committee recommends reporting (7 Yes to 0 No)

SB 1443: Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. Transportation & Public Safety sub-committee recommends reporting with substitute (5 Yes to 2 No)

SB 1462: Requires the Department of Social Services to establish a pilot program to provide a fixed reimbursement for the costs of broadband services to households currently participating in the Supplemental Nutrition Assistance Program. Health and Human Resources sub-committee recommends laying bill on the table (5 Yes to 3 No)

Bills reported out 

HB 1750: Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy farmer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier I level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program.  Passed House (99 Yes to 0 No) and Re-referred to Senate Finance and Appropriations Committee

HB 1763: Creates an enhanced individual and corporate income tax credit beginning in the taxable year 2021 for the implementation of certain agricultural best management practices by the taxpayer that are required as part of a certified resource management plan. Bill passes both the House and Senate

HB 1776: Requires the Board of Education to grant a two-year extension of the license of any individual licensed by the Board whose license expires on June 30, 2021, in order to provide the individual with sufficient additional time to complete the requirements for licensure. Bill passes both the House and Senate

HB 1796:  Removes the fee for the issuance of a special license plate for retired members of the Virginia National Guard. Currently, such special license plates cost the same as the prescribed cost for a typical Virginia license plate. Bill passes both the House and Senate

HB 1800: Amends Chapter 56 of the 2020 Special Session I Acts of Assembly. Bill was rejected in House and is now in conference with House delegates and Senators present.

HB 1818: Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. Senate substitute was rejected by House (3 Yes to 95 No)

HB 1820: Adds participation in educational activities that lead to a post-secondary credential from an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia to the list of activities to which a participant in the Virginia Initiative for Education and Work may be enrolled and directs the Board of Social Services to amend the Supplemental Nutrition Assistance Program (SNAP benefits program). Bill passes both the House and Senate 

HB 1822:Prohibits health insurance companies and other carriers from setting an amount exceeding $50 per 30-day supply of a tier-one or tier two prescription asthma inhaler that a covered person is required to pay at the point of sale in order to receive a covered prescription asthma inhaler unless the carrier is prohibited from providing the additional benefits under state or federal law. Bill passed House but was defeated in Senate Commerce and Labor committee

HB 1849: Directs the Virginia Board of Workforce Development (the Board), the Department of Labor and Industry (DOLI), and the Department of General Services (DGS) to review the availability of registered apprenticeship programs in the Commonwealth and evaluate the capacity to build a program that would require contractors engaged in construction contracts with public bodies to participate in apprenticeship training programs for each trade or classification of employees engaged in the construction contract.  Bill is sent to Governor and is currently waiting for Governor action

HB 1893: Authorizes the creation of a regional passenger rail station authority in Planning District 4 to assist in the creation and maintenance of passenger rail in the region. Senate amendment agreed to by House (90 Yes to 8 No)

HB 1895: Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant’s release from incarceration if the sentence includes an active term of incarceration. Bill passes both the House and Senate 

HB 1912: Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice. Bill passes both the House and Senate

HB 1925: Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). Bill passes both the House and Senate 

HB 1950: Directs the Office of the Chief Medical Examiner of the Department of Health to convene a work group to develop a plan for the establishment of a Fetal and Infant Mortality Review Team and to report such plan to the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2021. Bill passed Senate (39 Yes to 0 No)

HB 1953: Defines “practice of licensed certified midwifery,” directs the Boards of Medicine and Nursing to establish criteria for the licensure and renewal of a license as a certified midwife, and requires licensed certified midwives to practice in consultation with a licensed physician in accordance with a practice agreement.  Bill passes both the House and Senate 

HB 1963: Provides that funding for local health departments shall consist of such state funds as may be allocated for the operation of the local health department together with local matching funds and estimated self-generated local service revenues, the total amount of which shall constitute the cooperative local health budget available to a local department of health, and that the amount of local matching funds for which a county or city is responsible shall be based on the county’s or city’s revenue generation capacity factor, as defined in the bill; in no case, however, shall the amount of local matching funds required to be greater than 45 percent or less than 18 percent of the total amount of the cooperative local health budget for the local health department that serves the county or city, after deducting estimated self-generated local service revenues. Passed Senate (33 Yes to 6 No)

HB 1978:Establishes the Legislative Staff Development Fund (Fund) to encourage and support the professional development of legislative staff. Passed by Indefinitely by Senate Rules committee 

HB 1979:Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy.  Passed Senate with substitute (21 Yes to 17 No)

HB 1985: Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act. Bill rejected by House vote ( 0 Yes to 95 No to 2 Abstain)

HB 1987: Requires the Board of Medical Assistance Services to amend the state plan for medical assistance to provide for payment of medical assistance for remote patient monitoring services provided via telemedicine for certain high-risk patients, makes clear that nothing shall preclude health insurance carriers from providing coverage for services delivered through real-time audio-only telephone that are not telemedicine, and clarifies rules around prescribing of Schedule II through VI drugs via telemedicine, including establishing a practitioner-patient relationship via telemedicine. Passed Senate with substitute (39 Yes to 0 No)

HB 1989: Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real-time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public. Passed by for the day in House (02/22/21)

HB 1990: Provides that the Chair of the House Committee for Courts of Justice or the Chair of the Senate Committee on the Judiciary may request the Joint Legislative Audit and Review Commission (JLARC) to review and prepare a racial and ethnic impact statement for a proposed criminal justice bill to outline its potential impact on racial and ethnic disparities within the Commonwealth. Constitutional reading dispensed (39 Yes to 0 No)

HB 1995: Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. Bill passed both the House and Senate 

HB 2001:Requires that any executive branch agency or institution or locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building ensure that such building has sufficient electric vehicle charging infrastructure, defined in the bill, and has features that permit the agency or institution to track the building’s energy efficiency and carbon emissions. Rereffered to Senate Finance and Appropriations Committee

HB 2004: Adds criminal investigative files, defined in the bill, relating to a criminal investigation or proceeding that is not ongoing, also defined in the bill, to the types of law enforcement and criminal records required to be released in accordance with the provisions of the Virginia Freedom of Information Act. Rereferred to Senate Finance and Appropriations Committee

HB 2007: Directs the Department of Health to enter into a contract or an agreement with a nonprofit data services organization to collect, compile, and make available on its website information about prescription drug pricing and requires every health carrier, pharmacy benefits manager, and drug manufacturer to report information about prescription drug prices to the nonprofit data services organization with which the Department of Health has entered into a contract for such purpose. Rereferred to Senate Finance and Appropriations Committee

HB 2027: Requires the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. Rereferred to Senate Finance and Appropriations Committee

HB 2035: Modifies the Full Employment Program (FEP) for Virginia Initiative for Education and Work participants by (i) allowing FEP participants to continue receiving Temporary Assistance for Needy Families (TANF); (ii) disregarding wages received through FEP for purposes of calculating TANF; (iii) removing the requirement that a person be unable to find unsubsidized employment in order to participate in FEP; and (iv) allowing employers participating in FEP to receive a subsidy of up to $1,000 per month for each FEP employee for a period not to exceed six months. Constitutional reading dispensed (39 Yes to 0 No)

HB 2040: Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately. Bill was rejected in House and is now in conference with House delegates and Senators present.

HB 2053: Directs the Department of Housing and Community Development (Department) to convene a stakeholder advisory group to evaluate the construction of internal, attached, and detached accessory dwelling units as a strategy to address the Commonwealth’s growing demand for affordable and market-rate housing. Rereferred to Senate Finance and Appropriations Committee

HB 2065: Directs the Department of Social Services, in cooperation with the Department of Medical Assistance Services, to convene a work group to develop a plan for a three-year pilot Produce Rx program to incentivize consumption of qualifying fruits and vegetables by eligible individuals for whom increased consumption of fruits and vegetables is recommended by a qualified care provider.  Constitutional reading dispensed (39 Yes to 0 No)

HB 2068:Establishes the Local Food and Farming 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. Passed Senate (39 Yes to 0 No)

HB 2074: Establishes the Interagency Environmental Justice Working Group as an advisory council in the executive branch of state government to further environmental justice in the Commonwealth and directs each of the Governor’s Secretaries to designate at least one environmental justice coordinator to represent the secretariat as a member of the Working Group. Rereferred to Senate Finance and Appropriations Committee

HB 2075:Renames any section of U.S. Route 1 in Virginia that is designated as “Jefferson Davis Highway” to “Emancipation Highway.” Constitutional reading dispensed (39 Yes to 0 No)

HB 2092:Requires background checks for contract staff providing direct care services for Department of Behavioral Health and Developmental Services’ licensed services. Bill passed both the House and Senate 

HB 2098: Authorizes the Governor to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute to Smyth County in as-is condition for a term of three years upon such terms and conditions as may be agreed by the parties, including, without limitation, Smyth County’s responsibility for building or infrastructure refurbishments and operational expenses.  Passed Senate (39 Yes to 0 No)

HB 2101: Repeals the July 1, 2021, sunset of the provision of the Code of Virginia allowing a locality to use grant funds awarded by the Tobacco Region Revitalization Commission as matching funds for GO Virginia grants. House voted to adopt ( 84 Yes to 13 No)

HB 2110: Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. Bill incorporates HB 1945. Bill passed both the House and Senate 

HB 2111: Directs the State Health Commissioner to establish the Task Force on Maternal Health Data and Quality Measures for the purpose of evaluating maternal health data collection processes to guide policies in the Commonwealth to improve maternal care, quality, and outcomes for all birthing people in the Commonwealth. House voted to adopt ( 98 Yes to 0 No)

HB 2113:Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have not been prosecuted or otherwise dismissed.  Rereferred to Senate Finance and Appropriations Committee

HB 2117: Requires that funds expended for special education services under the Children’s Services Act only be expended on educational programs that are licensed by the Department of Education. House voted to adopt ( 95 Yes to 3 No)

HB 2123: Provides that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia, the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition. Bill passed both the House and Senate 

HB 2124: Directs the Department of Medical Assistance Services to, during a public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services, deem testing for, treatment of, and vaccination against COVID-19 to be emergency services for which payment may be made pursuant to federal law for certain aliens not lawfully admitted for permanent residence. Rereferred to Senate Finance and Appropriations Committee

HB 2129: Requires the State Water Control Board to adopt regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. Rereferred to Senate Finance and Appropriations Committee

HB 2137: Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. Rereferred to Senate Finance and Appropriations Committee

HB 2163: Limits the release of Department of Motor Vehicles (DMV) privileged information to government entities and law-enforcement agencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. Rereferred to Senate Finance and Appropriations Committee

HB 2166: Amends provisions governing involuntary inpatient and mandatory outpatient treatment to (i) revise criteria for entry of a mandatory outpatient treatment order to become effective upon expiration of an order for involuntary inpatient treatment; (ii) eliminate the requirement that a person agree to abide by a mandatory outpatient treatment plan to be eligible for mandatory outpatient treatment and instead require that the judge or special justice find that the person is able to adhere to a mandatory outpatient treatment plan; (iii) eliminate the role of a treating physician in determining when a person is eligible to transition from inpatient to mandatory outpatient treatment under an order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iv) increase from 90 to 180 days the length of an order for mandatory outpatient treatment; (v) revise requirements for monitoring of a person’s adherence to a mandatory outpatient treatment plan by a community services board; (vi) expand the category of persons who may file petitions for various reviews of a mandatory outpatient treatment order or plan; and (vii) add a provision for status hearings during the period of mandatory outpatient treatment. House voted to adopt ( 55 Yes to 42 No)

HB 2174: Directs the governing board of the Virginia College Savings Plan (the Board) to establish an automatic enrollment payroll deduction individual retirement account (IRA) retirement savings program, to be known as the VirginiaSaves Program (the Program). Passed Senate with substitute with amendments (23 Yes to 14 No)

HB 2177: Updates the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources. Rejected by House vote (0 Yes to 100 No)

HB 2178: Authorizes issuance of bonds in an amount up to $34,136,000 for revenue-producing capital projects at Virginia Polytechnic Institute and State University.  Bill is identical to SB 1145.  House voted to adopt ( 98 Yes to 2 No)

HB 2179: Alters the principal and interest requirements, maturity date, and allowable discount for previously issued refunding bonds. Bill is identical to SB 1134. Bill passed both the House and Senate 

HB 2181: Makes technical amendments to provisions of the Code of Virginia relating to the Virginia Retirement System to reflect recent changes to federal law and conform terminology to federal law. Bill is identical to SB 1251. Bill passed both the House and Senate 

HB 2185: Establishes a retail sales and use tax exemption for personal protective equipment, defined in the bill. The exemption would be available to any business that has in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and that meets other criteria. Bill passed both the House and Senate 

HB 2187: Directs the Commonwealth Center for Recurrent Flooding Resiliency (the Center) to evaluate the development of a Flood Resiliency Clearinghouse Program and to work with the Department of Conservation and Recreation to evaluate solutions that manage both water quality and flooding and emphasize nature-based solutions. Passed Senate (39 Yes to 0 No)

HB 2203: Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations.Rereferred to  Senate Finance and Appropriations Committee

HB 2207: Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers’ Compensation Act. Rejected by House vote (0 Yes to 98 No)

HB 2212: Requires the director of the Office of Children’s Services to provide for the effective implementation of the Children’s Services Act (§ 2.2-5200 et seq.) in all localities by (i) regularly monitoring local performance measures and child and family outcomes; (ii) using audit, performance, and outcomes data to identify local programs that need technical assistance; and (iii) working with local programs that are consistently underperforming to develop a corrective action plan for submission to the Office and the State Executive Council for Children’s Services. Bill passed both the House and Senate 

HB 2213: Directs the Secretary of Natural Resources, the Secretary of Health and Human Resources, and the Secretary of Commerce and Trade to establish a work group to study the mining of gold in the Commonwealth.  Bill passed both the House and Senate 

HB 2223: Eliminates language that directs certain officers and board members to procure individual surety bonds mandated by current law when such officers and board members are already covered under bonding provided by the Division of Risk Management. Bill passed both the House and Senate 

HB 2230: Directs the Department of Behavioral Health and Developmental Services (the Department) to develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters who are parties to a supported decision-making agreement, which shall include specific training opportunities, development of model supported decision-making agreements, and development of information about and protocols for preventing, identifying, and addressing abuse and exploitation of individuals with intellectual and developmental disabilities who enter into supported decision-making agreements. Bill passed both the House and Senate 

HB 2261: Removes the fee for the issuance of special license plates to a member of the Virginia National Guard. Current law provides that such special license plates are issued at half the prescribed cost of state license plates. Bill passed both the House and Senate 

HB 2271:Directs the Joint Commission on Health Care to enter into a contract with a qualified entity to study options for financing universal health care in the Commonwealth. Passed by indefinitely in Senate Finance and Appropriations Committee with a letter (10 Yes to 5 No)

HB 2288: Requires bidders or offerors on contracts for construction of $250,000 or more to submit along with their bid or proposal a list of all subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials. Passed Senate with amendment (21 Yes to 18 No)

HB 2299: Requires the Department of Education to (i) provide training and guidance documents to local school divisions on the development of Individualized Education Programs (IEPs) for children with disabilities, (ii) develop a training module for each individual who participates in an IEP meeting, with the exception of parents, (iii) annually conduct structured reviews of a sample of IEPs from a sufficiently large sample of local school divisions to verify that the IEPs are in compliance with state and federal laws and regulations, (iv) develop and maintain a statewide plan for improving (a) its ongoing oversight of local practices related to transition planning and services for children with disabilities and (b) technical assistance and guidance provided for postsecondary transition planning and services for children with disabilities, (v) develop and maintain a statewide strategic plan for recruiting and retaining special education teachers, and (vi) (a) conduct a one-time targeted review of the transition sections of a random sample of students’ IEPs in each school division; (b) communicate its findings to each local school division, school board, and local special education advisory committee; and (c) ensure that local school divisions correct any IEPs that are found to be out of compliance no later than the end of the 2021-22 school year. Passed Senate with substitute (39 Yes to 0 No)

HB 2312: Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. Bill was rejected in House and is now in conference with House delegates and Senators present

HB 2321:Creates in the Governor’s Cabinet the position of Secretary of Labor. Rejected by House vote (0 Yes to 99 No)

HB 2322: Establishes the Opioid Abatement Authority. The Authority, with the assistance of the Office of the Attorney General, would administer the Opioid Abatement Fund, which would receive moneys from settlements, judgments, verdicts, and other court orders relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids and any other funds received on the fund’s behalf that would be used to provide grants and loans to Virginia agencies and certain localities for the purpose of treating, preventing, or reducing opioid use disorder and the misuse of opioids or otherwise abating or remediating the opioid epidemic in the Commonwealth. Reported from Senate Finance and Appropriations Committee (14 Yes to 0 No)

HB 2330: Requires the Department of Social Services (the Department), in consultation with, as it deems necessary, the Department of Housing and Community Development, to adopt rules or establish guidelines for the adoption, implementation, and general administration of the Percentage of Income Payment Program (PIPP) and the Percentage of Income Payment Fund (Fund).  Bill was rejected in House and is now in conference with House delegates and Senators present

HB 2331: Eliminates mandatory minimum sentences of confinement for certain crimes. Reported from Senate Finance and Appropriations Committee with substitute (10 Yes to 3 No to 1 Abstain)

HB 2332: Requires the State Corporation Commission (Commission)  to establish, upon approval of a state innovation waiver request pursuant to § 1332 of the Affordable Care Act, a reinsurance program, known as the Commonwealth Health Reinsurance Program (the Program). Bill was rejected in House and is now in conference with House delegates and Senators present

HB 5001: Establishes the Shipping and Logistics Headquarters Grant Program to provide grants to a qualified shipping and logistics company that retains its North American headquarters in the City of Norfolk, makes a capital investment of at least $36 million, creates and maintains at least 415 new jobs, and establishes and operates a research and development center. Referred to Senate Committee on Finance and Appropriations

HB 5002: Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small business utilization in all discretionary spending by state agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to certified small businesses for all new capital outlay construction solicitations that are issued. Read for the first time on the House floor (2/22/21)

HJ 522: Continues the joint committee of the House Committee on Health, Welfare and Institutions; the House Committee on Public Safety; the Senate Committee on the Judiciary; and the Senate Committee on Rehabilitation and Social Services established by House Joint Resolution 29 (2020) to study staffing levels, employment conditions, and compensation at the Virginia Department of Corrections. The resolution directs the joint committee to conclude its work by November 30, 2021, and to report its findings and recommendations no later than the first day of the 2022 Regular Session of the General Assembly.  Agreed to by Senate via voice vote

HJ 526: Establishes a joint subcommittee to study comprehensive campaign finance reform in the Commonwealth. In conducting its study, the joint subcommittee is tasked with examining the costs of campaigning in the Commonwealth, the effectiveness of the Commonwealth’s present disclosure laws and their enforcement, the constitutional options available to regulate campaign finances, and the desirability of specific revisions in the Commonwealth’s laws, including the implementation of contribution limits, all with the aim of promoting the integrity of, and public confidence in, the Commonwealth’s campaign finance system. Agreed to by Senate via voice vote

HJ 542: Requests the Department of Rail and Public Transportation to conduct a two-year study of transit equity and modernization in the Commonwealth, with emphasis on transit services and engagement opportunities for underserved and underrepresented communities. Rejected by House vote (0 Yes to 99 No).

HJ 578: Requests the Department of Behavioral Health and Developmental Services to establish a work group to study the feasibility of developing a secure, de-identified, renewable, and relational database of criminal justice, behavioral health, and other human services records to facilitate development of more effective interventions. Reading waived in Senate (39 Yes to 0 No)

Bills Passed

  • HB 2101: GO Virginia Grants; matching funds, extends sunset provision
    Delays from July 1, 2021, to July 1, 2022, the sunset of the provision of the Code of Virginia allowing a locality to use grant funds awarded by the Tobacco Region Revitalization Commission as matching funds for GO Virginia grants.
  • HB 2174: VirginiaSaves Program; established, membership
    Directs the governing board of the Virginia College Savings Plan (the Board) to establish an automatic enrollment payroll deduction individual retirement account (IRA) retirement savings program, to be known as the VirginiaSaves Program (the Program). The Board shall administer the Program and develop requirements, procedures, and guidelines for the Program, including default contribution rates, procedures for enrollment and withdrawal, and procedures for noncompliance. Moneys in the Program shall be invested in a manner deemed appropriate by the Board. Participation in the Program is mandatory for eligible employers, defined in the bill as self-employed individuals, sole proprietors, and nongovernmental employers having five or more employees that do not offer a qualified retirement plan to their employees. Each eligible employee, defined generally as an individual employed by an eligible employer, shall be enrolled in the Program unless the employee elects not to participate in the Program. The bill contains provisions limiting the liability of the Board, the Plan, and the Commonwealth or any of its political subdivisions for obligations associated with the Program. The Commonwealth shall have no duty or liability to any party for the payment of any retirement savings benefits accrued by any individual under the Program. Participating employers shall not (i) have any liability for an employee’s decision to participate in or opt out of the Plan, (ii) be a fiduciary over the Program, or (iii) have any liability or responsibility related to the operation of the Program. The bill also adds a requirement that at least one member of the Board have expertise in the management and administration of private defined contribution retirement plans. The Program shall be established, and enrollment shall begin, no later than July 1, 2023.
  • HB 2177:  Capital outlay plan; repeals existing six-year capital outlay for projects to be funded
    Updates the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources. This bill is identical to SB 1155.
  • HB 2178:  Commonwealth of Virginia Higher Educational Institutions Bond Act of 2021; created
    Authorizes issuance of bonds in an amount up to $34,136,000 for revenue-producing capital projects at Virginia Polytechnic Institute and State University. The bill contains an emergency clause and is identical to SB 1145.
  • HB 2179: Refunding bonds; alters the principal and interest requirements
    Alters the principal and interest requirements, maturity date, and allowable discount for previously issued refunding bonds. The bill contains an emergency clause and has an expiration date of June 30, 2023. This bill is identical to SB 1134.
  • HB 2181:  Virginia Retirement System; technical amendments
    Makes technical amendments to provisions of the Code of Virginia relating to the Virginia Retirement System to reflect recent changes to federal law and conform terminology to federal law. This bill is identical to SB 1251.
  • HB 2187:  Recurrent Flooding Resiliency, Commonwealth Center; study topics to manage water quality, etc
    Directs the Commonwealth Center for Recurrent Flooding Resiliency (the Center) to evaluate the development of a Flood Resiliency Clearinghouse Program and to work with the Department of Conservation and Recreation to evaluate solutions that manage both water quality and flooding and emphasize nature-based solutions. The bill requires the Center to report its findings by November 1, 2021.
  • HB 2223: Treasury and State Treasurer, Department of the; surety bonds
    Eliminates language that directs certain officers and board members to procure individual surety bonds mandated by current law when such officers and board members are already covered under bonding provided by the Division of Risk Management. The bill directs such officers and board members to be bonded pursuant to the blanket surety bond plan for state and local employees.
  • HB 5001: Shipping and Logistics Headquarters Grant Program; established, report
    Establishes the Shipping and Logistics Headquarters Grant Program to provide grants to a qualified shipping and logistics company that retains its North American headquarters in the City of Norfolk, makes a capital investment of at least $36 million, creates and maintains at least 415 new jobs, and establishes and operates a research and development center. The qualified company would be eligible for an aggregate of $9.5 million in grants, payable in installments and contingent upon the qualified company’s meeting performance parameters.

Commissions & Boards

Joint Subcommittee on the Future Competitiveness of Virginia, Higher Education

Source: Webpage

The Chairmen of the House Appropriations and Senate Finance Committees shall each appoint four members from their respective committees to a Joint Subcommittee on the Future Competitiveness of Virginia Higher Education to (a) review ways to maintain and improve the quality of higher education, while providing for broad access and affordability; (b) examine the impact of financial, demographic, and competitive changes on the sustainability of individual institutions and the system as a whole; (c) identify best practices to make the system more efficient, including shared services, institutional flexibility, and easily accessible academic pathways; (d) evaluate the use of distance education and online instruction across the Commonwealth and appropriate business models for such programs; (e) review current need-based financial aid programs and alternative models to best provide for student affordability and completion; (f) review the recommendations of the Joint Legislative Audit and Review Commission on the study of the cost efficiency of higher education institutions and make recommendations to their respective committees on the implementation of those recommendations; (g) study the effectiveness and value of transfer students; (h) evaluate the effectiveness of dual enrollment in reducing the cost of higher education; and (i) study the effectiveness of preparing teachers to enter the K-12 system.

Joint Legislative Audit & Review Commission

Source: Webpage

The Joint Legislative Audit and Review Commission (JLARC) is a key component of the legislative oversight function in Virginia. Legislative oversight is an important part of government accountability. It is how the Virginia General Assembly ensures that the funds it has appropriated are used effectively and efficiently by state and local agencies. Legislative oversight is also how the General Assembly assesses the performance of the agencies and programs it creates.

Auditor of Public Accounts (APA)

Source: Website

The Auditor of Public Accounts (APA) is the legislative external auditor for the Commonwealth of Virginia’s agencies, colleges, universities and municipal courts.

Joint Subcommittee on Local Government Fiscal Stress

Source: Webpage

The goals and objectives of the Joint Subcommittee will be to review (i) savings opportunities from increased regional cooperation and consolidation of services, including by jointly operating or merging small school divisions; (ii) local responsibilities for service delivery of state-mandated or high priority programs, (iii) causes of fiscal stress among local governments, (iv) potential financial incentives and other governmental reforms to encourage increased regional cooperation; and (v) the different taxing authorities of cities and counties.

Board of Trustees Veterans Services Foundation

Source: Webpage

The Foundation shall (i) administer the Veterans Services Fund (the Fund), (ii) provide funding for veterans services and programs in the Commonwealth through the Fund, and (iii) raise revenue from all sources including private source fundraising to support the Fund.

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Communications, Technology and Innovation CommitteeCommunications, Technology and Innovation Committee

Meets on:  Monday at 10:00 a.m. in House Room 3

Members:  Cliff Hayes (Chair) – Alex Askew – Hala Ayala – Emily Brewer – Kathy Byron –  Jeff Campbell –  James Edmunds – Kelly Fowler – Nick Freitas – Keith Hodges – Sally Hudson –  Clint Jenkins – Dave LaRock –   Ken Plum – Danica Roem – Chris Runion – Ibraheem Samirah – Don Scott – Suhas Subramanyam – Jeion Ward – Michael Webert – Rodney Willett

13 Democrats and 9 Republicans

Subcommittees:

  • Communications
  • Technology
  • Innovation
i

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1851 Unmanned aircraft; exempts an owner from the requirement to register.
  • HB 2031 Facial recognition technology; authorization of use by local law-enforcement agencies, etc.
  • HB 2163 Motor Vehicles, Department of; limits the release of privileged information to government entities.
  • HB 2307 Consumer Data Protection Act; personal data rights of consumer, etc.
i
Communications, Technology and Innovation Committee hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/18 1/25 2/1 2/8 2/15 

When Virginia’s General Assembly first took up legislation billed as a major step toward giving regular people more control over their data in an increasingly online world, some of the first testimony lawmakers heard came from tech giants like Microsoft and Amazon.

Both companies said they were in full support of Virginia’s effort to become just the second state in America to pass its own data privacy bill, an early marker in a debate still unfolding in other states and at the national level.

Supporters of Virginia’s Consumer Data Protection Act, approved by the General Assembly this year and already signed by Gov. Ralph Northam, say the fact that Virginia was able to pass such significant legislation without a major fight is a testament to the quality of the bill, which lays out new consumer protections while largely shielding companies from a flood of data-related lawsuits.

Noting that an estimated 70 percent of internet traffic flows through servers in Virginia, Sen. Dave Marsden, D-Fairfax, said Virginia’s legislation could be “a good starting place for a national privacy bill.”

Virginia lawmakers ban police use of facial recognition
AP, Denise LavoieMarch 29, 2021 (Short)

Last month, Virginia lawmakers quietly passed one of the most restrictive bans in the country on the use of facial recognition technology.

The legislation, which won unusually broad bipartisan support, prohibits all local law enforcement agencies and campus police departments from purchasing or using facial recognition technology unless it is expressly authorized by the state legislature.

But now, some law enforcement officials are asking Gov. Ralph Northam to put the brakes on the legislation, arguing that it is overly broad and hasn’t been thoroughly vetted.

On February 19, 2012, the Virginia House of Delegates voted overwhelmingly to pass the Virginia Consumer Data Protection Act (CDPA). The Senate previously voted in favor of passing the legislation. The General Assembly had been considering the CDPA in a special session after both chambers passed companion bills during the regular session. The Senate and House bills are available here and here, respectively.

Prior to passing, the CDPA was amended slightly to create a working group to “review the provisions of [the CDPA] and issues related to its implementation” and submit a report with its “findings, best practices, and recommendations” to the Chairmen of the Senate Committee on General Laws and Technology and the House Committee on Communications, Technology and Innovation no later than November 1, 2021.

According to the General Assembly, the bill will now be printed as an enrolled bill, and examined and signed by the presiding officer of each house. It will then be sent to the Governor, who is expected to sign it.

On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (“Virginia CDPA” or the “Act”), a bill that brings together concepts from the EU’s General Data Protection Regulation (GDPR) as well as the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). It is the first of its kind legislation on the East Coast. The law will go into effect on January 1, 2023.

The drafters of the Virginia CDPA appear to have benefited from observing the pitfalls and problems that arose in the development and implementation of both GDPR and CCPA. The Virginia bill deftly avoids several of those by incorporating narrower, more tailored definitions that clearly exclude categories of data and businesses over which there was (and continues to be) some confusion with respect to both the EU/UK and California compliance regimes. It also adopts, in concept, the framework of the GDPR, and even some of its language. Like GDPR, it characterizes the party who initially collects and controls personal data as the “controller” and obligates that party to be a good steward of the data, through transparency with the consumer, accountability for sharing the data with third parties (“processors”), and a duty to implement appropriate data security to safeguard the data. It will be enforced by the Virginia Attorney General. Notably, there is no private right of action under the Act.

When Virginia’s General Assembly first took up legislation billed as a major step toward giving regular people more control over their data in an increasingly online world, some of the first testimony lawmakers heard came from tech giants like Microsoft and Amazon.

Both companies said they were in full support of Virginia’s effort to become just the second state in America to pass its own data privacy bill, an early marker in a debate still unfolding in other states and at the national level.

Supporters of Virginia’s Consumer Data Protection Act, approved by the General Assembly this year and already signed by Gov. Ralph Northam, say the fact that Virginia was able to pass such significant legislation without a major fight is a testament to the quality of the bill, which lays out new consumer protections while largely shielding companies from a flood of data-related lawsuits.

Summary

Meets on:  Monday at 10:00 a.m. in House Room 3

Members:  Cliff Hayes (Chair) – Alex Askew – Hala Ayala – Emily Brewer – Kathy Byron –  Jeff Campbell –  James Edmunds – Kelly Fowler – Nick Freitas – Keith Hodges – Sally Hudson –  Clint Jenkins – Dave LaRock –   Ken Plum – Danica Roem – Chris Runion – Ibraheem Samirah – Don Scott – Suhas Subramanyam – Jeion Ward – Michael Webert – Rodney Willett

13 Democrats and 9 Republicans

Subcommittees:

  • Communications
  • Technology
  • Innovation

News

i

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1851 Unmanned aircraft; exempts an owner from the requirement to register.
  • HB 2031 Facial recognition technology; authorization of use by local law-enforcement agencies, etc.
  • HB 2163 Motor Vehicles, Department of; limits the release of privileged information to government entities.
  • HB 2307 Consumer Data Protection Act; personal data rights of consumer, etc.
i
Communications, Technology and Innovation Committee hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/18 1/25 2/1 2/8 2/15 

When Virginia’s General Assembly first took up legislation billed as a major step toward giving regular people more control over their data in an increasingly online world, some of the first testimony lawmakers heard came from tech giants like Microsoft and Amazon.

Both companies said they were in full support of Virginia’s effort to become just the second state in America to pass its own data privacy bill, an early marker in a debate still unfolding in other states and at the national level.

Supporters of Virginia’s Consumer Data Protection Act, approved by the General Assembly this year and already signed by Gov. Ralph Northam, say the fact that Virginia was able to pass such significant legislation without a major fight is a testament to the quality of the bill, which lays out new consumer protections while largely shielding companies from a flood of data-related lawsuits.

Noting that an estimated 70 percent of internet traffic flows through servers in Virginia, Sen. Dave Marsden, D-Fairfax, said Virginia’s legislation could be “a good starting place for a national privacy bill.”

Virginia lawmakers ban police use of facial recognition
AP, Denise LavoieMarch 29, 2021 (Short)

Last month, Virginia lawmakers quietly passed one of the most restrictive bans in the country on the use of facial recognition technology.

The legislation, which won unusually broad bipartisan support, prohibits all local law enforcement agencies and campus police departments from purchasing or using facial recognition technology unless it is expressly authorized by the state legislature.

But now, some law enforcement officials are asking Gov. Ralph Northam to put the brakes on the legislation, arguing that it is overly broad and hasn’t been thoroughly vetted.

On February 19, 2012, the Virginia House of Delegates voted overwhelmingly to pass the Virginia Consumer Data Protection Act (CDPA). The Senate previously voted in favor of passing the legislation. The General Assembly had been considering the CDPA in a special session after both chambers passed companion bills during the regular session. The Senate and House bills are available here and here, respectively.

Prior to passing, the CDPA was amended slightly to create a working group to “review the provisions of [the CDPA] and issues related to its implementation” and submit a report with its “findings, best practices, and recommendations” to the Chairmen of the Senate Committee on General Laws and Technology and the House Committee on Communications, Technology and Innovation no later than November 1, 2021.

According to the General Assembly, the bill will now be printed as an enrolled bill, and examined and signed by the presiding officer of each house. It will then be sent to the Governor, who is expected to sign it.

On March 2, 2021, Governor Northam signed into law Virginia’s own Consumer Data Protection Act (“Virginia CDPA” or the “Act”), a bill that brings together concepts from the EU’s General Data Protection Regulation (GDPR) as well as the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). It is the first of its kind legislation on the East Coast. The law will go into effect on January 1, 2023.

The drafters of the Virginia CDPA appear to have benefited from observing the pitfalls and problems that arose in the development and implementation of both GDPR and CCPA. The Virginia bill deftly avoids several of those by incorporating narrower, more tailored definitions that clearly exclude categories of data and businesses over which there was (and continues to be) some confusion with respect to both the EU/UK and California compliance regimes. It also adopts, in concept, the framework of the GDPR, and even some of its language. Like GDPR, it characterizes the party who initially collects and controls personal data as the “controller” and obligates that party to be a good steward of the data, through transparency with the consumer, accountability for sharing the data with third parties (“processors”), and a duty to implement appropriate data security to safeguard the data. It will be enforced by the Virginia Attorney General. Notably, there is no private right of action under the Act.

When Virginia’s General Assembly first took up legislation billed as a major step toward giving regular people more control over their data in an increasingly online world, some of the first testimony lawmakers heard came from tech giants like Microsoft and Amazon.

Both companies said they were in full support of Virginia’s effort to become just the second state in America to pass its own data privacy bill, an early marker in a debate still unfolding in other states and at the national level.

Supporters of Virginia’s Consumer Data Protection Act, approved by the General Assembly this year and already signed by Gov. Ralph Northam, say the fact that Virginia was able to pass such significant legislation without a major fight is a testament to the quality of the bill, which lays out new consumer protections while largely shielding companies from a flood of data-related lawsuits.

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Communications Subcommittee

Meets on:  Monday at 8:30 a.m. in House Room 3

Members:  Danica Roem (Chair)  Kathy ByronJeff Campbell,  James Edmunds,  Kelly Fowler,  Clint Jenkins,   Ken Plum,  Danica RoemChris Runion,  Suhas Subramanyam,  Michael Webert, Rodney Willett

Technology and Innovation Subcommittee

Meets on:  Wednesday at 8:30 a.m. in 400-B Subcommittee Room

Members:  Hala Ayala (Chair),   Alex Askew,  Emily Brewer,  James Edmunds,  Kelly Fowler,  Keith HodgesSally Hudson,  Dave LaRock,  Ibraheem SamirahDon Scott,  Jeion Ward

Bills

Bills reported out 

HB 1851 Unmanned aircraft; exempts an owner from the requirement to register.

HB 2031 Facial recognition technology; authorization of use by local law-enforcement agencies, etc. Authorizes facial recognition technology to be used by law-enforcement and institutions of higher learning.

HB 2163 Motor Vehicles, Department of; limits the release of privileged information to government entities.

HB 2180 Lynchburg, City of; amending charter, salaries of members of City Council.

HB 2214 Broadband service territory maps; Commonwealth Broadband Chief Advisor to develop and maintain. Requires the Commonwealth Broadband Chief Advisor to develop and maintain a map of private broadband provider service territories.

HB 2307 Consumer Data Protection Act; establishes a framework for controlling and processing personal data. Establishes a framework for controlling and processing personal data in the Commonwealth.

Bills Passed

HB 1851 Unmanned aircraft; exempts an owner from the requirement to register. Aircraft registration; unmanned aircraft. Exempts an owner of an unmanned aircraft from the requirement to register aircrafts. This bill is identical to SB 1098.

HB 2031 Facial recognition technology; authorization of use by local law-enforcement agencies, etc. Facial recognition technology; authorization of use by local law-enforcement agencies and campus police departments at public institutions of higher education. Provides that no local law-enforcement agency or campus police department shall purchase or deploy facial recognition technology, defined in the bill, unless such purchase or deployment is expressly authorized by statute. The bill prohibits a local law-enforcement agency or campus police department at a public institution of higher education currently using facial recognition technology from continuing to use such technology without such authorization after July 1, 2021.

HB 2163 Motor Vehicles, Department of; limits the release of privileged information to government entities. Department of Motor Vehicles; privileged information. Limits the release of Department of Motor Vehicles (DMV) privileged information to government entities and law-enforcement agencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill requires the DMV to notify the subject of the request that such a request was made and the identity of the entity that made the request. The bill requires any entity receiving privileged information from the DMV to enter into a written agreement with the DMV prior to such release of such information and prohibits any entity from rereleasing any such DMV information to any third party unless explicitly permitted to do so in the entity’s agreement with the DMV. The bill contains requirements for any such written agreement between the DMV and the Department of State Police.

HB 2307 Consumer Data Protection Act; personal data rights of consumer, etc. Consumer Data Protection Act. Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021. The bill has a delayed effective date of January 1, 2023. This bill is identical to SB 1392.

Commissions & Boards

Joint Commission on Technology and Science

Source: Webpage

The Joint Commission on Technology and Science (JCOTS), a permanent legislative agency established in 1997, studies all aspects of technology and science, and strives to encourage, promote, and assist in the development of sound technology and science policy in the Commonwealth.

Aerospace Advisory Council

Source: Webpage

To advise the Governor, the Joint Commission on Technology and Science, and the Secretaries of Commerce and Trade, Technology, and Education on policy and funding priorities with respect to aerospace economic development, workforce training, educational programs, and educational curriculum, and to promote the aerospace and space exploration industry in the Commonwealth.

Broadband Advisory Council

Source: Webpage

The purpose of the Council shall be to advise the Governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access in the Commonwealth

Clean Energy Advisory Board

Source: Website

The Clean Energy Advisory Board (the Board) is established as an advisory board in the executive branch of state government. The purpose of the Board is to establish a pilot program for disbursing loans or rebates for the installation of solar energy infrastructure in low-income and moderate-income households through the “Low-to-Moderate Income Solar Loan and Rebate Fund” (the Fund).

Modeling and Simulation Advisory Council

Source: Webpage

To advise the Governor on policy and funding priorities to promote the modeling and simulation industry in the Commonwealth

Online Virginia Network Authority

Source: Webpage

The Online Virginia Network Authority (the Authority) is established as a political subdivision of the Commonwealth for the purpose of providing a means for individuals to earn degrees and postsecondary education credentials by improving the quality of and expanding access to online degree and credential programs that are beneficial to citizens, public institutions of higher education, and employers in the Commonwealth.

Research & Technology Investment Advisory Committee

Source: Webpage

The Advisory Committee shall be administered by and advise the Innovation and Entrepreneurship Investment Authority.

Qualifications: Ten (10) members as follows: the four vice-provosts of research at major state institutions of higher education from the state institutions of higher education not represented on the Authority, the president and chief executive officer of the Virginia Economic Development Partnership, and five citizens members appointed by the Governor (1), Speaker of the House (2), and the Senate Committee on Rules (2).

Solar Energy Development and Energy Storage Authority

Source: Webpage

Virginia Solar Energy Development and Energy Development Authority is created as a body corporate and a political subdivision of the Commonwealth and as such shall have, and is vested with, all of the politic and corporate powers as are set forth in this chapter. The Authority is established for the purposes of facilitating, coordinating, and supporting the development, either by the Authority or by other qualified entities, of the solar energy industry and solar energy projects by developing programs that increase the availability of financing for solar energy projects, facilitate the increase of solar energy generation systems on public and private sector facilities in the Commonwealth, promote the growth of the Virginia solar industry, and provide a hub for collaboration between entities, both public and private, to partner on solar energy projects. The Authority may also consult with research institutions, businesses, nonprofit organizations, and stakeholders as the Authority deems appropriate.

X
Counties, Cities & Towns CommitteeCounties, Cities & Towns Committee

Meets on:  Friday at 9:00 a.m. in Shared Committee Room

Members: Kaye Kory (Chair) – Alex Askew  – Jeff Campbell  – Lee Carter  – Carrie Coyner  – Wendy Gooditis  – Nancy Guy  – Steve Heretick  – Keith Hodges  – Clint Jenkins – Jay Jones – Dave LaRock  – Jay Leftwich – Joe McNamara –  Will Morefield – Martha Mugler – Kathleen Murphy  – Charles Poindexter – Danica Roem  – Ibraheem Samirah  – Suhas Subramanyam  –  Scott Wyatt

13 Democrats and 9 Republicans

Subcommittees:

  • Ad Hoc
  • Charters
  • Land Use
i

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1749 Nassawadox, Town of; amending charter, updates to reflect town’s shift of municipal elections. 
  • HB 1764 Crewe, Town of; amending charter, changes to charter including town council, elections and powers. 
  • HB 1778 Removal of clutter from property; definition, civil penalty. 
  • HB 1783 Glasgow, Town of; new charter (previous charter repealed). 
  • HB 1858 Appomattox, Town of; amending charter, shifts local elections from May to November, etc. 
  • HB 1898 Zoning appeals, board of; appointments. 
  • HB 1919 Local green banks; authorizes a locality, by ordinance, to establish. 
  • HB 2042 Trees; replacement and conservation during development, effective date. 
  • HB 2053 Affordable & market-rate housing; DHCD to evaluate growing demand. 
  • HB 2091 Covington, City of; amending charter, consolidated school division, salaries. 
  • HB 2095 Bristol, City of; amending charter, changes to powers and organization. 
  • HB 2180 Lynchburg, City of; amending charter, salaries of members of City Council. 
  • HB 2186 Mathews County; appointment of bd. of director to the Economic Development Authority of the County. 
  • HB 2201 Solar and energy storage projects; siting agreements throughout the Commonwealth. 
  • HB 2217 Public access authorities; granted certain liability protections. 
  • HB 2252 Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources. 
  • HB 2287 Economic development authorities; size of board in Powhatan County. 
  • HB 2323 Library aid; former regional library system. 
  • HB 2326 Child-care services; regulation in localities. 
i
Counties, Cities & Towns Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/15  1/29  2/8  2/12  2/19 

Subcommittees:

Ad Hoc

Charters: 1/21  2/11

Land Use: 1/21  1/28

Summary

Meets on:  Friday at 9:00 a.m. in Shared Committee Room

Members: Kaye Kory (Chair) – Alex Askew  – Jeff Campbell  – Lee Carter  – Carrie Coyner  – Wendy Gooditis  – Nancy Guy  – Steve Heretick  – Keith Hodges  – Clint Jenkins – Jay Jones – Dave LaRock  – Jay Leftwich – Joe McNamara –  Will Morefield – Martha Mugler – Kathleen Murphy  – Charles Poindexter – Danica Roem  – Ibraheem Samirah  – Suhas Subramanyam  –  Scott Wyatt

13 Democrats and 9 Republicans

Subcommittees:

  • Ad Hoc
  • Charters
  • Land Use

News

i

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1749 Nassawadox, Town of; amending charter, updates to reflect town’s shift of municipal elections. 
  • HB 1764 Crewe, Town of; amending charter, changes to charter including town council, elections and powers. 
  • HB 1778 Removal of clutter from property; definition, civil penalty. 
  • HB 1783 Glasgow, Town of; new charter (previous charter repealed). 
  • HB 1858 Appomattox, Town of; amending charter, shifts local elections from May to November, etc. 
  • HB 1898 Zoning appeals, board of; appointments. 
  • HB 1919 Local green banks; authorizes a locality, by ordinance, to establish. 
  • HB 2042 Trees; replacement and conservation during development, effective date. 
  • HB 2053 Affordable & market-rate housing; DHCD to evaluate growing demand. 
  • HB 2091 Covington, City of; amending charter, consolidated school division, salaries. 
  • HB 2095 Bristol, City of; amending charter, changes to powers and organization. 
  • HB 2180 Lynchburg, City of; amending charter, salaries of members of City Council. 
  • HB 2186 Mathews County; appointment of bd. of director to the Economic Development Authority of the County. 
  • HB 2201 Solar and energy storage projects; siting agreements throughout the Commonwealth. 
  • HB 2217 Public access authorities; granted certain liability protections. 
  • HB 2252 Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources. 
  • HB 2287 Economic development authorities; size of board in Powhatan County. 
  • HB 2323 Library aid; former regional library system. 
  • HB 2326 Child-care services; regulation in localities. 
i
Counties, Cities & Towns Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/15  1/29  2/8  2/12  2/19 

Subcommittees:

Ad Hoc

Charters: 1/21  2/11

Land Use: 1/21  1/28

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Ad Hoc Subcommittee

Meets on: the call of the Chair

Members:  Kathleen Murphy (Chair),   Jeff Campbell,   Lee Carter,  Nancy GuySteve Heretick Keith Hodges,   Joe McNamaraWill Morefield,  Danica Roem

Charters Subcommittee

Meets on:   Wednesday at 7:30 a.m. in 400-A Subcommittee Room

MembersDanica Roem (Chair),  Wendy Gooditis,  Clint Jenkins,   Dave LaRock,  Charles PoindexterIbraheem SamirahSuhas SubramanyamScott Wyatt

Land Use Subcommittee

Meets on:  Wednesday at 4 p.m. in 400-B Subcommittee Room

Members:  Steve Heretick(Chair),  Alex Askew,  Carrie Coyner,  Nancy Guy,  Jay Jones,  Jay Leftwich,   Will MorefieldMartha Mugler

Bills

Bills reported out 

HB 1919 – Local green banks (January 29, 2021)

  • Chair Delegate Korey sponsored a bill that which establishes green banks in local ordinances to promote the invest of clean energy technologies.
  • Voted to report bill 13 – Yeas 8 – Nays 1 – Abs.

HB 1752 – Golf Cars and Utility Vehicles; Operation of vehicle on highways (January 15, 2021)

  • Delegate Brewer introduced a renewal of a bill that authorizes the town of Smithfield, VA to operate a golf cart or utility vehicle on a designated public highway.
  • Voted to report and refer bill to Transportation Committee 16 – Yeas 0 – Nays.

HB 1743 – Industrial Development Authorities; size of board in certain towns (January 15, 2021)

  • Delegate Wright sponsored a bill of that which reduces the number of members that can be appointed to industrial development authority boards in Kenbridge and Victoria from 7 to 5.
  • Voted to report bill 20 – Yeas 0 – Nays.

HB 1768 – Lynchburg parking authority shortens the term of office (January 15, 2021)

  • Delegate Walker sponsored a bill that shorters the term of office of appointees to the Lynchburg Parking Authority from 5 years to 3 years beginning on or after July 1, 2021.
  • Voted to report bill 20 – Yeas 0 – Nays.

HB 1825 – Virginia Beach sports or entertainment project (January 15, 2021)

  • Delegate Askew sponsored a bill that amends provisions related to bond issuance
  • Voted to report bill with technical amendments 20 – Yeas 1 – Nays.

HB 1859 – Clean energy and other programs; local financing (January 15, 2021)

  • Delegate Guy sponsored a bill to change the parameters for local ordinances authorizing loan contracts for the installation by property owners of clean energy or stormwater management improvements.
  • Voted to report bill with an amended substitution 16 – Yeas 6 – Nays.

HB 1927 – Economic development authorities in Fairfax County (January 15, 2021)

  • Delegate Sickles sponsored a bill which would allow Fairfax County to appoint 9, instead of 7, commissioners to the economic development authority.
  • Voted to report bill 20 – Yeas 1 – Nays.

HB 1949 – County executive form of government (January 15, 2021)

  • Delegate Runion sponsored a bill that allows counties that have adopted the county executive form of government to carry over unspent funds from year to year for multiyear grants and capital projects.
  • Voted to report bill 20 – Yeas 2 – Nays.

HB 2043 – Virginia Beach tourism authority (January 15, 2021)

  • Delegate Guy sponsored a bill to establish the Virginia Beach tourism authority in order to support and stimulate tourist attraction the city.
  • Voted to report bill 13 – Yeas 9 – Nays.

Bills passed

  • HB 1749 Nassawadox, Town of; amending charter, updates to reflect town’s shift of municipal elections.  Updates the charter for the Town of Nassawadox to reflect the town’s shift of municipal elections from May to November.
  • HB 1764 Crewe, Town of; amending charter, changes to charter including town council, elections and powers. Makes various changes to the charter for the Town of Crewe in Nottoway County, including (i) staggering town council elections; (ii) changing from three to two the number of town council members required to call a special meeting; and (iii) transferring from the town council to the town manager the authority to appoint, suspend, or terminate the chief of police with majority approval by the town council. The bill also repeals provisions related to the establishment of a municipal court. This bill is identical to SB 1216.
  • HB 1778 Removal of clutter from property; definition, civil penalty. Provides that a locality may by ordinance require the removal of clutter from property, except on land zoned for or in active farming operation, or may, whenever the governing body deems it necessary, after reasonable notice, have such clutter removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected. The bill defines “clutter” as including mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate. Violations of the bill are subject to the existing civil penalty applicable to violations of provisions relating to the removal of trash, garbage, refuse, litter, and similar substances from property.
  • HB 1783 Glasgow, Town of; new charter (previous charter repealed). Establishes a new charter for the Town of Glasgow in Rockbridge County and repeals the current charter, which was created in 1892. The proposed charter sets out the organization of the town’s government and contains powers typically granted to towns.
  • HB 1858 Appomattox, Town of; amending charter, shifts local elections from May to November, etc. Shifts local elections for the Town of Appomattox from May to November and staggers the election of members of the town council. The bill makes organizational changes to provisions related to the election and appointment of town officers. This bill is identical to SB 1152.
  • HB 1898 Zoning appeals, board of; appointments. Provides an exception to the general rule that an elected official cannot be appointed to a board of zoning appeals by allowing an elected official from a town to serve on the board of zoning appeals of the county in which the member also resides.
  • HB 1919 Local green banks; authorizes a locality, by ordinance, to establish.  Authorizes a locality, by ordinance, to establish a green bank to promote the investment in clean energy technologies in its locality and provide financing for clean energy technologies, defined in the bill. The bill establishes certain powers and functions of a green bank, including developing rules and procedures, financing and providing loans for clean energy projects, and stimulating demand for renewable energy. The bill requires the green bank to be a public entity, quasi-public entity, depository bank, or nonprofit entity and requires the locality to hold a hearing and publish notice of the hearing in a newspaper of general circulation prior to establishing the green bank.
  • HB 2042 Trees; replacement and conservation during development, effective date. Gives a locality the ability to exceed general requirements in its tree replacement and conservation ordinances in specific circumstances, including development that impacts stormwater permit requirements, recurrent flooding, formerly redlined areas, and comprehensive plan compliance. The bill also directs the Secretary of Natural Resources and Secretary of Agriculture and Forestry to convene a stakeholder work group for the purpose of developing and providing recommendations to state and local governments related to policies that encourage the conservation of mature trees and tree cover on sites being developed, increase tree canopy cover in communities, and encourage the planting of trees. The bill will not become effective unless reenacted by the 2022 Session of the General Assembly, but the stakeholder work group is effective in due course. This bill is identical to SB 1393.
  • HB 2053 Affordable & market-rate housing; DHCD to evaluate growing demand. Directs the Department of Housing and Community Development (Department) to convene a stakeholder advisory group to evaluate the construction of internal, attached, and detached accessory dwelling units as a strategy to address the Commonwealth’s growing demand for affordable and market-rate housing. The bill requires the stakeholder advisory group to report its findings and recommendations, including any legislative recommendations, to the Director of the Department, the Secretary of Commerce and Trade, the commissioners of the Virginia Housing Development Authority, and the Virginia Housing Commission no later than November 1, 2021.
  • HB 2091 Covington, City of; amending charter, consolidated school division, salaries. Amends the charter for the City of Covington to help facilitate the consolidation of the school divisions of the City of Covington and Alleghany County. The bill sets out the salary of a school board member of such consolidated school district and shall become effective on July 1, 2022, provided that the consolidation of the City of Covington and Alleghany County school divisions is approved by the Board of Education prior to that date. This bill is identical to SB 1267.
  • HB 2095 Bristol, City of; amending charter, changes to powers and organization. Makes changes to various provisions of the charter for the City of Bristol, including: (i) removing the city’s authority to adopt ordinances to provide for the prevention of immorality and for the suppression of gambling places and to authorize the appointment of law-enforcement officers in exchange with the City of Bristol, Tennessee; (ii) changing from city council to the city attorney the authority to appoint assistant city attorneys; (iii) removing the requirement that a citizen own real property to serve on the planning commission; (iv) aligning the requirements for appropriations outside of the appropriations ordinance with provisions of the Code of Virginia; (v) authorizing the city council to re-appropriate unexpended funds at the end of the fiscal year, regardless of whether obligated to an ongoing project; and (vi) authorizing the city attorney to make investigations into city affairs and removing such authority from other officers of boards and commissions. The bill contains technical amendments.
  • HB 2180 Lynchburg, City of; amending charter, salaries of members of City Council. Provides that salaries of members of the Lynchburg City Council shall be determined in accordance with general law.
  • HB 2186 Mathews County; appointment of bd. of director to the Economic Development Authority of the County. Provides that the Mathews County board of supervisors may appoint one employee of the locality onto the board of directors for the Economic Development Authority of the County of Mathews. Under current law, no locality’s economic development authority director may be an officer or employee of the relevant locality with certain exceptions for towns with a population of less than 3,500 and Buchanan and Frederick Counties.
  • HB 2201 Solar and energy storage projects; siting agreements throughout the Commonwealth.  Expands existing provisions related to siting agreements and zoning special exceptions for solar projects located in an opportunity zone to include energy storage projects and makes the provisions statewide. The bill provides that its provisions shall not apply to any energy storage project that has received zoning and site plan approval, preliminary or otherwise, from the host locality before January 1, 2021. The bill also provides that its provisions shall not become effective with respect to energy storage projects unless the General Assembly approves legislation that authorizes localities to adopt an ordinance for taxation of energy storage projects such as solar projects with a local option for machinery and tools tax or solar revenue share. This bill is identical to SB 1207.
  • HB 2217 Public access authorities; granted certain liability protections. Grants public access authorities, including the land holdings and facilities of such authorities, certain liability protections that are currently given to localities in relation to parks, recreational facilities, and playgrounds.
  • HB 2252 Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources. Authorizes the Board of Wildlife Resources to quitclaim any interest in a parcel of land and convey a right-of-way easement to the Valerie H. MacDowell Trust. The quitclaim is a result of a boundary line correction of an acquisition by the Board and applies to an unimproved parcel of land containing about 13.6 acres on the watershed of Little Tumbling Creek. The easement, which will follow an existing road and bridge across a portion of the Clinch Mountain Wildlife Management Area, will allow ingress and egress to the MacDowell Trust property from State Route 607. The MacDowell Trust shall be solely responsible for the maintenance and upkeep of the easement. This bill is identical to SB 1400.
  • HB 2287 Economic development authorities; size of board in Powhatan County. Reduces from seven to five the number of members that may be appointed to the economic development authority board by Powhatan County and reduces the quorum requirement to three members.
  • HB 2323 Library aid; former regional library system.  Provides that former regional library systems that receive state aid, notwithstanding a loss of regional library status due to a city reversion, shall receive such aid regardless of when a former city reverted to town status.
  • HB 2326 Child-care services; regulation in localities. Expands to include all cities the authority related to the regulation of child-care services that is currently available to certain Northern Virginia localities. This will have the effect of granting all cities authority by ordinance to regulate child-care facilities that provide regular care to one or more children not related by blood or marriage.

Commissions & Boards

Virginia Housing Commission

Source: Website

The Virginia Housing Commission exists to study and provide recommendations to ensure and foster the availability of safe, sound and affordable housing for every Virginian.

The Commission may also study and make recommendations relating to such other housing, real property, and community development issues as it may be called upon to consider or as may be desirable.

Capitol Square Preservation Council

Source: Website

Created by the General Assembly in 1999, the Capitol Square Preservation Council consists of thirteen individuals with expertise in art, architecture, landscape architecture, history, preservation, and administration. The Secretary of Administration, Clerk of the House of Delegates, and Clerk of the Senate serve as ex-officio members. This group is charged with planning and review of projects that affect the State Capitol, its historic artifacts, other historic buildings on or adjacent to Capitol Square, and the landscape and archaeological features of Capitol Square.

Bristol Virginia Utilities Authority Board of Directors

Source: Webpage

BVU Authority; Board powers, officers; broadband; FOIA. Reduces from nine to seven the number of directors on the Board of Directors (the Board) of the BVU Authority (the Authority) and alters the methods of their appointment and their powers and duties. The bill  institutes in their place a board of seven directors, comprising (i) one citizen of each of the following localities with its appointing authority: the City of Bristol, appointed by the Speaker of the House of Delegates; the City of Bristol, appointed by the Board; Scott County, appointed by the Speaker of the House of Delegates; and Washington County, appointed by the Senate Committee on Rules, and (ii) one member of the governing body of each of the localities of the City of Bristol, the Town of Abingdon, and Washington County, appointed by their respective governing bodies. The citizen of the City of Bristol who is appointed by the Board is required to be engaged in business and may be appointed initially by the Bristol City Council.

Fort Monroe Authority Board of Trustees

Source: Webpage

To govern the Fort Monroe Authority

Jamestown-Yorktown Foundation Board of Trustees

Source: Webpage

Do all things necessary and proper to further an appreciation of the contributions of the first permanent English-speaking settlers and their American Indian neighbors of Virginia and the United States to the building of our Commonwealth and nation, to commemorate the winning of American independence on the battlefield at Yorktown, and to enhance our understanding of the making of the United States Constitution and Bill of Rights, including Virginia’s role in shaping the fundamental principles of the American constitutional system.

Virginia Recreational Facilities Authority

Source: Webpage

To (i) provide a high quality recreational attraction in the western part of the Commonwealth; (ii) expand the historical knowledge of adults and children; (iii) promote tourism and economic development in the Commonwealth; (iv) set aside and conserve scenic and natural areas along the Roanoke River and preserve open-space lands; and (v) enhance and expand research and educational programs

X
Judiciary CommitteesCourts of Justice

Meets on: Monday, Wednesday, and Friday at ½ hour after adjournment in House Room 3

Members:   Charniele Herring (Chair) – Les Adams – Rob Bell –  Jeff Bourne –  Jeff Campbell – Ronnie Campbell – Karrie Delaney – Steve Heretick – Patrick Hope – Terry Kilgore – Jay Leftwich – Mark Levine – Jason Miyares – Mike Mullin – Margaret Ransone – Don Scott – Marcus Simon – Rip Sullivan – Vivian Watts

11 Democrats and 8 Republicans

Subcommittees:

  • Civil, Criminal
  • Judicial
i
Courts of Justice bills passed by General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1806:  Suspension or modification of sentence; transfer to the Department of Corrections
  • HB 1814: Garnishment of wages; protected portion of disposable earnings
  • HB 1821: Experiencing or reporting overdoses; prohibits arrest and prosecution
  • HB 1852: Uniform Collaborative Law Act; created
  • HB 1853: Lawyers; client accounts
  • HB 1864: Virginia Human Rights Act; expands definition of employer
  • HB 1866: Court-appointed special advocates; information sharing
  • HB 1867: Victims of crime; compensation, reporting requirement
  • HB 1878: Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
  • HB 1895: Fines and costs; accrual of interest, deferral or installment payment agreements
  • HB 1911: No-fault divorce; corroboration requirement
  • HB 1912: Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice
  • HB 1936: Robbery; penalties
  • HB 1991: Juveniles; release and review hearing for serious offender, plea agreement
  • HB 1992: Firearms; purchase, etc., following conviction for assault and battery of a family member
  • HB 2002: Child support; health care coverage, eligibility requirements
  • HB 2009: Chamberlin Hotel at Fort Monroe; reverts certain property to the Commonwealth
  • HB 2010: Earned sentence credits; rate at which sentence rates may be earned, prerequisites
  • HB 2012: Protective orders; violations of preliminary child protective order, changes punishment, etc
  • HB 2017: Juvenile offenders; youth justice diversion programs
  • HB 2018: Emergency order for adult protective services; acts of violence, etc., or financial exploitation
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
  • HB 2047: Criminal proceedings; consideration of mental condition and intellectual, etc
  • HB 2055: Child support obligations; party’s incarceration not deemed voluntary unemployment/underemployment
  • HB 2064: Recording an electronic document; electronic notarial certificate
  • HB 2081: Polling places; prohibited activities, unlawful possession of a firearm, penalty
  • HB 2099: Judgments; limitations on enforcement, judgment liens, settlement agents, effective date
  • HB 2110: Pretrial data collection; VCSC to collect and disseminate on an annual basis
  • HB 2113: Criminal records; sealing of records, Sealing Fee fund created
  • HB 2128: Firearms; criminal history record information check delay increased to five days
  • HB 2132: Homicides and assaults and bodily woundings; certain matters not to constitute defenses
  • HB 2133: Commercial sex trafficking; issuance of writ of vacatur for victims
  • HB 2139: Accrual of cause of action; diagnosis of latent injury
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
  • HB 2150: Jurisdiction over criminal cases; certification or appeal of charges
  • HB 2167: Parole; notice and certification, monthly reports, discretionary early consideration
  • HB 2168: Illegal gambling; skill games, enforcement by localities and Attorney General, civil penalty
  • HB 2169: Prostitution; reorganizes the statute penalizing into two distinct sections
  • HB 2190: Wrongful death; beneficiaries
  • HB 2192: Support orders; contents of orders, change in employment status, unemployment benefits
  • HB 2194: Communicating threats of death or bodily injury to a person with intent to intimidate; penalty
  • HB 2233: Orders of restitution; docketed on behalf of victim, enforcement
  • HB 2234: Victims of sex trafficking; affirmative defense to prosecution for certain offenses
  • HB 2236: Behavioral health docket; transfer of supervision
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
  • HB 2252: Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources
  • HB 2258: Substantial Risk Order Registry; maintenance by State Police
  • HB 2263: Death penalty; abolition of current penalty.
  • HB 2290: Larceny; repeals punishment for conviction of second or subsequent misdemeanor
  • HB 2298: Muzzleloading rifle and shotgun; clarifies definitions
  • HB 2310: Concealed handgun permits; demonstration of competence
  • HB 2317: Sexual and Domestic Violence, Advisory Committee on; increases membership, duties

 

i
Courts of Justice 2021 Hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/13  1/27  1/29.1 1/29.2 2/17 2/22

Subcommittees:
Civil: 1/15 1/27  1/29 2/17 2/19
Criminal: 1/15 .1  1/15.2 1/27.1 1/27.2  1/29.1 1/29.2 2/17.1 2/17.2  2/19
Judicial: none during 2021 session

A broad section of Chesterfield’s legal community, along with a number of current and former politicians, the Virginia Legislative Black Caucus and the state NAACP, have thrown their support behind O’Berry.

At least 35 people lined up to speak on her behalf at the Dec. 11 joint meeting of the Senate Judiciary and House Courts of Justice committees that interviewed judges.

At the same gathering, O’Berry was met with strong opposition by supporters of criminal justice reform, including community activists and the Chesterfield Branch of the NAACP. Many accused O’Berry of doling out harsh punishments, wrongly holding criminal defendants without bail and disregarding their rights, especially in the Black and Hispanic communities.

Efforts to roll back limitations on the federal qualified immunity doctrine have again stalled out in the Virginia General Assembly.

Lawmakers in both the Senate and the House of Delegates failed to advance measures aimed at making it easier to sue law enforcement for violating new prohibited practices laws or for violating constitutional rights during arrest or detention. A federal doctrine, qualified immunity can be used to shield government officials, including police officers, from being held liable in civil suits for constitutional violations. It does not shield from criminal prosecution.

The House bill was the first to falter on Jan. 29 when the Courts of Justice Civil Sub-Committee voted to table it for further review by the Virginia Crime Commission. On Feb. 1, the Senate Judiciary Committee followed suit, voting to pass by its version of the bill indefinitely, saying a sub-committee may be convened to review it at a later time.

Legislators call for more Court of Appeals applications
Virginia Lawyers Weekly, Peter ViethMarch 16, 2021 (Short)

Leaders of the General Assembly courts committees are calling for a new round of bar evaluations of candidates for Court of Appeals judgeships with an eye toward racial, regional and practice diversity.

The Democratic committee heads recommend an April 15 application deadline for seven new and existing openings on the Court of Appeals of Virginia. The court is set to grow by six seats in July as it expands jurisdiction to provide appeals of right for all litigants. The court expansion bill is on the desk of Gov. Ralph Northam.

In a March 15 letter to heads of the Virginia State Bar and other statewide bar groups, Senate Judiciary Committee Chair John S. Edwards and House Courts of Justice Committee Chair Charniele L. Herring urge consideration of regional diversity as well as diversity in race and practice areas.

Proposals to legalize marijuana in Virginia cleared key committee votes in both chambers of the state legislature over the weekend and Monday morning as lawmakers raced to qualify the bills for full floor votes ahead of an upcoming mid-session deadline on Friday.

Gov. Ralph Northam (D) and top lawmakers unveiled the legalization plan in mid-January, on the first day of a short 2021 legislative session scheduled to end later this month. To survive into the next stage of the session, versions of the marijuana proposal must pass the Senate and House of Delegates by Friday, the state’s so-called crossover deadline.

“This is a breakneck speed for us,” Del. Vivian Watts (D), vice chair of the House Courts of Justice Committee, said at a virtual meeting on Sunday, where the panel voted to approve the House version of the legislation, HB 2312, and refer it to the House Appropriations Committee. If it succeeds there, the measure would next advance to the House floor.

Summary

Meets on: Monday, Wednesday, and Friday at ½ hour after adjournment in House Room 3

Members:   Charniele Herring (Chair) – Les Adams – Rob Bell –  Jeff Bourne –  Jeff Campbell – Ronnie Campbell – Karrie Delaney – Steve Heretick – Patrick Hope – Terry Kilgore – Jay Leftwich – Mark Levine – Jason Miyares – Mike Mullin – Margaret Ransone – Don Scott – Marcus Simon – Rip Sullivan – Vivian Watts

11 Democrats and 8 Republicans

Subcommittees:

  • Civil, Criminal
  • Judicial

News

i
Courts of Justice bills passed by General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1806:  Suspension or modification of sentence; transfer to the Department of Corrections
  • HB 1814: Garnishment of wages; protected portion of disposable earnings
  • HB 1821: Experiencing or reporting overdoses; prohibits arrest and prosecution
  • HB 1852: Uniform Collaborative Law Act; created
  • HB 1853: Lawyers; client accounts
  • HB 1864: Virginia Human Rights Act; expands definition of employer
  • HB 1866: Court-appointed special advocates; information sharing
  • HB 1867: Victims of crime; compensation, reporting requirement
  • HB 1878: Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
  • HB 1895: Fines and costs; accrual of interest, deferral or installment payment agreements
  • HB 1911: No-fault divorce; corroboration requirement
  • HB 1912: Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice
  • HB 1936: Robbery; penalties
  • HB 1991: Juveniles; release and review hearing for serious offender, plea agreement
  • HB 1992: Firearms; purchase, etc., following conviction for assault and battery of a family member
  • HB 2002: Child support; health care coverage, eligibility requirements
  • HB 2009: Chamberlin Hotel at Fort Monroe; reverts certain property to the Commonwealth
  • HB 2010: Earned sentence credits; rate at which sentence rates may be earned, prerequisites
  • HB 2012: Protective orders; violations of preliminary child protective order, changes punishment, etc
  • HB 2017: Juvenile offenders; youth justice diversion programs
  • HB 2018: Emergency order for adult protective services; acts of violence, etc., or financial exploitation
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
  • HB 2047: Criminal proceedings; consideration of mental condition and intellectual, etc
  • HB 2055: Child support obligations; party’s incarceration not deemed voluntary unemployment/underemployment
  • HB 2064: Recording an electronic document; electronic notarial certificate
  • HB 2081: Polling places; prohibited activities, unlawful possession of a firearm, penalty
  • HB 2099: Judgments; limitations on enforcement, judgment liens, settlement agents, effective date
  • HB 2110: Pretrial data collection; VCSC to collect and disseminate on an annual basis
  • HB 2113: Criminal records; sealing of records, Sealing Fee fund created
  • HB 2128: Firearms; criminal history record information check delay increased to five days
  • HB 2132: Homicides and assaults and bodily woundings; certain matters not to constitute defenses
  • HB 2133: Commercial sex trafficking; issuance of writ of vacatur for victims
  • HB 2139: Accrual of cause of action; diagnosis of latent injury
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
  • HB 2150: Jurisdiction over criminal cases; certification or appeal of charges
  • HB 2167: Parole; notice and certification, monthly reports, discretionary early consideration
  • HB 2168: Illegal gambling; skill games, enforcement by localities and Attorney General, civil penalty
  • HB 2169: Prostitution; reorganizes the statute penalizing into two distinct sections
  • HB 2190: Wrongful death; beneficiaries
  • HB 2192: Support orders; contents of orders, change in employment status, unemployment benefits
  • HB 2194: Communicating threats of death or bodily injury to a person with intent to intimidate; penalty
  • HB 2233: Orders of restitution; docketed on behalf of victim, enforcement
  • HB 2234: Victims of sex trafficking; affirmative defense to prosecution for certain offenses
  • HB 2236: Behavioral health docket; transfer of supervision
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
  • HB 2252: Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources
  • HB 2258: Substantial Risk Order Registry; maintenance by State Police
  • HB 2263: Death penalty; abolition of current penalty.
  • HB 2290: Larceny; repeals punishment for conviction of second or subsequent misdemeanor
  • HB 2298: Muzzleloading rifle and shotgun; clarifies definitions
  • HB 2310: Concealed handgun permits; demonstration of competence
  • HB 2317: Sexual and Domestic Violence, Advisory Committee on; increases membership, duties

 

i
Courts of Justice 2021 Hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/13  1/27  1/29.1 1/29.2 2/17 2/22

Subcommittees:
Civil: 1/15 1/27  1/29 2/17 2/19
Criminal: 1/15 .1  1/15.2 1/27.1 1/27.2  1/29.1 1/29.2 2/17.1 2/17.2  2/19
Judicial: none during 2021 session

A broad section of Chesterfield’s legal community, along with a number of current and former politicians, the Virginia Legislative Black Caucus and the state NAACP, have thrown their support behind O’Berry.

At least 35 people lined up to speak on her behalf at the Dec. 11 joint meeting of the Senate Judiciary and House Courts of Justice committees that interviewed judges.

At the same gathering, O’Berry was met with strong opposition by supporters of criminal justice reform, including community activists and the Chesterfield Branch of the NAACP. Many accused O’Berry of doling out harsh punishments, wrongly holding criminal defendants without bail and disregarding their rights, especially in the Black and Hispanic communities.

Efforts to roll back limitations on the federal qualified immunity doctrine have again stalled out in the Virginia General Assembly.

Lawmakers in both the Senate and the House of Delegates failed to advance measures aimed at making it easier to sue law enforcement for violating new prohibited practices laws or for violating constitutional rights during arrest or detention. A federal doctrine, qualified immunity can be used to shield government officials, including police officers, from being held liable in civil suits for constitutional violations. It does not shield from criminal prosecution.

The House bill was the first to falter on Jan. 29 when the Courts of Justice Civil Sub-Committee voted to table it for further review by the Virginia Crime Commission. On Feb. 1, the Senate Judiciary Committee followed suit, voting to pass by its version of the bill indefinitely, saying a sub-committee may be convened to review it at a later time.

Legislators call for more Court of Appeals applications
Virginia Lawyers Weekly, Peter ViethMarch 16, 2021 (Short)

Leaders of the General Assembly courts committees are calling for a new round of bar evaluations of candidates for Court of Appeals judgeships with an eye toward racial, regional and practice diversity.

The Democratic committee heads recommend an April 15 application deadline for seven new and existing openings on the Court of Appeals of Virginia. The court is set to grow by six seats in July as it expands jurisdiction to provide appeals of right for all litigants. The court expansion bill is on the desk of Gov. Ralph Northam.

In a March 15 letter to heads of the Virginia State Bar and other statewide bar groups, Senate Judiciary Committee Chair John S. Edwards and House Courts of Justice Committee Chair Charniele L. Herring urge consideration of regional diversity as well as diversity in race and practice areas.

Proposals to legalize marijuana in Virginia cleared key committee votes in both chambers of the state legislature over the weekend and Monday morning as lawmakers raced to qualify the bills for full floor votes ahead of an upcoming mid-session deadline on Friday.

Gov. Ralph Northam (D) and top lawmakers unveiled the legalization plan in mid-January, on the first day of a short 2021 legislative session scheduled to end later this month. To survive into the next stage of the session, versions of the marijuana proposal must pass the Senate and House of Delegates by Friday, the state’s so-called crossover deadline.

“This is a breakneck speed for us,” Del. Vivian Watts (D), vice chair of the House Courts of Justice Committee, said at a virtual meeting on Sunday, where the panel voted to approve the House version of the legislation, HB 2312, and refer it to the House Appropriations Committee. If it succeeds there, the measure would next advance to the House floor.

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Civil Subcommittee

Meets on: Monday and Wednesday at 1/2 hr after adj in House Room 1

Members:  Jeff Bourne (Chair)  Steve HeretickPatrick HopeTerry KilgoreJay Leftwich,   Jason Miyares,   Marcus SimonRip Sullivan

Criminal Subcommittee

Meets on:  Monday and Wednesday at 1/2 hr after adj; Wednesday 1.5 hr after adj. in House Room 3

Members:  Mike Mullin, (Chair),  Les Adams,  Rob Bell,   Karrie Delaney,  Don ScottVivian Watts

Judicial Subcommittee

Meets on:  the call of the Chair in House Room 1

Members:   Jeff Bourne Karrie Delaney,  Terry KilgoreJay Leftwich,  Margaret RansoneDon Scott

Bills

Bills in committee   

SB 1123: Provides that in any case contesting the validity of a decedent’s will where a presumption of undue influence arises, the burden of producing evidence and the burden of persuasion as to the factual issue that undue influence was exerted over the testator shall be on the party against whom the presumption operates. Civil subcommittee recommends laying bill on the table (5 Yes to 3 No)

SB 1125: Requires the Parole Board, within seven days of making any decision regarding the parole of a prisoner, to provide written or electronic notice of such decision to the victim of the crime for which the prisoner was incarcerated, unless the victim has submitted a written request to forgo such notice.

SB 1180: Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Civil subcommittee failed to recommend reporting (4 Yes to 4 No)

SB 1306: Eliminates the mandatory minimum term of confinement of six months for an assault and battery committed against a judge, magistrate, law-enforcement officer, correctional officer, person directly involved in the care, treatment, or supervision of inmates, firefighter or volunteer firefighter, or emergency medical services personnel.

SB 1324: Provides that no action for damages or other relief alleging that a certified general real estate appraiser, a certified residential real estate appraiser, a licensed residential real estate appraiser, or an appraisal management company committed malpractice or negligence or an error, mistake, omission, or breach in an appraisal or appraisal report, whether based on contract or tort, shall be brought unless it is filed in a court of competent jurisdiction and proper venue within five years from the date of the malpractice, negligence, error, mistake, omission, or breach.

SB 1384: Allows a participating locality, for any procurement solicitation or contract exceeding $10,000 for goods and services, to require the bidder or offeror to disclose certain information regarding pre-dispute arbitration clauses, defined in the bill, in employment, civil rights, and consumer disputes, and provides that a locality may consider the policies and practices related to the arbitration of each bidder and offeror. Civil subcommittee failed to recommend reporting (4 Yes to 4 No)

SB 1437: Eliminates the requirement that a promise to appear be completed after the issuance of a summons for a misdemeanor offense or an administrative violation. Assigned to Criminal subcommittee 

Bills reported out 

HB 1775: Adds the State Corporation Commission to the list of agencies that are exempt from paying fees for remote access to local land records. Senate constitutional reading dispensed (38 Yes to 0 No)

HB 1801: Increases the minimum fine for dumping or disposing of litter, trash, or other unsightly matter on public or private property from $250 to $500. Bill passed both the House and Senate

HB 1806: Provides that if a motion to suspend or otherwise modify a person’s sentence is filed with the court that heard the case at any time before the person is transferred to the Department of Corrections (the Department), the court may enter an order to retain jurisdiction over the matter for up to 60 days in order to consider and rule on such motion. House voted to adopt (100 Yes to 0 No)

HB 1814: Provides that the Virginia minimum hourly wage shall be used to calculate the amount of a person’s aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage. Awaiting Governor action 

HB 1821: Prohibits the arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia if (i) such individual, in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of the individual’s rendering emergency care or assistance. Awaiting Governor action 

HB 1852: Creates the Uniform Collaborative Law Act, which provides a framework for the practice of collaborative law, a process entered into voluntarily by clients for the express purpose of reaching a settlement in a family or domestic relations law matter, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. Bill passed both the House and Senate

HB 1853: Repeals the provision prohibiting the Supreme Court of Virginia from adopting a disciplinary rule requiring that lawyers deposit client funds in an interest-bearing account. Passed Senate with amendment (36 Yes to 3 No)

HB 1856: Permits trusts, advance medical directives, and refusals to make anatomical gifts to be signed and notarized, as appropriate, by electronic means. Passed by indefinitely in Senate Judiciary committee with letter (12 Yes to 0 No)

HB 1866: Permits court-appointed special advocates to participate in and verbally share information with family partnership meetings and in meetings of family assessment and planning teams, multidisciplinary child sexual abuse response teams, individualized education program teams, and multidisciplinary teams related to child abuse. Bill passed both the House and Senate

HB 1867: Provides that the requirement that the Virginia Workers’ Compensation Commission found that police records show the crime was promptly reported no more than 120 hours after it occurred in order to award a claimant funds from the Criminal Injuries Compensation Fund does not apply to claims of sexual abuse. Bill passed both the House and Senate

HB 1878: Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. Awaiting Governor action 

HB 1882: Provides that a deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust. Awaiting Governor action 

HB 1895: Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant’s release from incarceration if the sentence includes an active term of incarceration. Bill passed both the House and Senate

HB 1897: Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer. Defeated in Senate Judiciary (7 Yes to 8 No)

HB 1911: Removes the corroborating witness requirement for no-fault divorces. Bill passed both the House and Senate

HB 1912: Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice. Bill passed both the House and Senate

HB 1936: Creates degrees of punishment corresponding to the severity of a robbery offense. Any person who commits a robbery and causes serious bodily injury to or the death of another person is guilty of a Class 2 felony. House voted to adopt (54 Yes to 45 No)

HB 1951: Abolishes the common-law crime of suicide. Defeated in Senate Judiciary (5 Yes to 10 No)

HB 1991: Clarifies that the Department of Juvenile Justice (the Department) may petition the court that committed a juvenile for a hearing for an earlier release of a juvenile when good cause exists for an earlier release as permitted under current law and shall petition the committing court for a determination as to the continued commitment of each juvenile committed as a serious offender at least 60 days prior to the second anniversary of the juvenile’s date of commitment and at least 60 days prior to each annual anniversary thereafter as required under current law, notwithstanding the terms of any plea agreement. Passed Senate with amendments (23 Yes to 16 No)

HB 1992: Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. House voted to adopt (52 Yes to 46 No)

HB 2002: Provides that in any case in which a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services. Bill passed both the House and Senate

HB 2010:Contains a technical amendment. This bill is declarative of existing law. Bill passed both the House and Senate

HB 2012: Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order.  Bill passed both the House and Senate

HB 2017: Authorizes any jurisdiction to establish a youth justice diversion program, defined in the bill as a diversionary program that (i) is monitored by a local youth justice diversion program advisory committee; (ii) uses juvenile volunteers as lawyers, jurors, and other court personnel; (iii) uses volunteer attorneys as judges; (iv) conducts peer trials, subject to the juvenile and domestic relations court’s jurisdiction, of juveniles who are referred to the program by an intake officer; and (v) imposes various sentences emphasizing restitution, rehabilitation, accountability, competency building, and education, but not incarceration. Reported from Senate Finance and Appropriations Committee (15 Yes to 0 No)

HB 2018: Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. Passed Senate (39 Yes to 0 No)

HB 2038: Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. Passed Senate with substitute (23 Yes to 16 No)

HB 2047: Permits the admission of evidence concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. Senate requested a conference committee

HB 2055: Provides that a party’s incarceration for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. Passed Senate with amendments (21 Yes to 18 No)

HB 2056: Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation. Defeated in Senate Judiciary Committee (7 Yes to 7 No to 1 Abstain)

HB 2064: Provides that if a clerk has an eRecording System, the clerk shall follow the provisions of the Uniform Real Property Electronic Recording Act. Bill passed both the House and Senate

HB 2073: Provides that, in a civil action for the wrongful death of an injured person, such an action may be brought by a personal representative of a decedent within two years after the death of the person or, if applicable, within two years of the conclusion of a criminal investigation by law enforcement of such death, whichever is longer. Passed by indefinitely in Senate Judiciary committee with letter (15 Yes to 0 No)

HB 2099: Reduces from 20 years to 10 years from the date of a judgment the period of time within which an execution may be issued or action may be taken on such judgment. Reported from Senate Finance and Appropriations with amendment (12 Yes to 2 No) 

HB 2110: Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. Bill passed both the House and Senate

HB 2113: Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have not been prosecuted or otherwise dismissed. Reported from Senate Finance and Appropriations Committee (10 Yes to 4 No)

HB 2132: Provides that the discovery of, perception of, or belief about another person’s actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder. Reported from Senate Finance and Appropriations Committee (14 Yes to 1 No)

HB 2133: Establishes a procedure for victims of sex trafficking to file a petition of vacatur in circuit court to have certain convictions vacated and the police and court records expunged for such convictions. House voted to adopt (98 Yes to 0 No)

HB 2139: Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. Passed Senate with substitute (30 Yes to 8 No)

HB 2147: Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights. Passed Senate (23 Yes to 16 No)

HB 2150: Provides that upon (i) certification by the general district court of any felony charge and ancillary misdemeanor charge or when an appeal of a conviction of an offense in general district court is noted or (ii) certification by the juvenile and domestic relations district court of any felony charge and ancillary misdemeanor charge committed by an adult or when an appeal of a conviction or adjudication of an offense is noted, jurisdiction as to such charges shall vest in the circuit court unless such case is reopened, modified, vacated, or suspended or the appeal has been withdrawn in the district court within 10 days. Bill passed both the House and Senate

HB 2167: Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board’s decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. Senate requested a conference committee

HB 2168: Provides that any person who conducts, finances, manages, supervises, directs, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of $25,000. Senate requested a conference committee

HB 2169: Reorganizes the statute penalizing prostitution into two distinct sections. The penalties for all offenses remain unchanged.  Bill passed both the House and Senate

HB 2190: Provides that an award in a wrongful death action, where there is no surviving spouse of the decedent, children of the decedent, or children of a deceased child of the decedent, shall be distributed to the parents, brothers and sisters of the decedent, and any other family member who is primarily dependent on the decedent and the same member of the decedent’s household. Passed Senate with substitute (39 Yes to 0 No)

HB 2192: Requires support orders to contain a provision requiring an obligor to keep the Department of Social Services or a court informed of, in addition to the name, address, and telephone number of his current employer, any change to his employment status and if he has filed a claim for or is receiving unemployment benefits. Passed Senate (39 Yes to 0 No)

HB 2193: Provides that, in any case in which a plaintiff or counterclaim plaintiff is seeking a civil judgment against a defendant or counterclaim defendant, if the parties enter into a written settlement agreement, upon request of the parties, dismissal of such case shall be stayed to allow for full compliance with such settlement agreement. Passed Senate with amendment (39 Yes to 0 No)

HB 2194: Provides that any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. Bill passed both the House and Senate

HB 2233: Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. Bill passed both the House and Senate

HB 2234: Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of sex trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation of another, (ii) such offense was committed as part of a commercial sex trafficking scheme, or (iii) such offense was committed at the direction of an operator of a commercial sex trafficking scheme. Passed Senate with substitute (39 Yes to 0 No)

HB 2236: Provides that if an offender determined to be eligible to participate in a behavioral health docket resides in a locality other than that in which the behavioral health docket is located, or such offender desires to move to a locality other than that in which the behavioral health docket is located, and the court determines it is practicable and appropriate, the supervision of such offender may be transferred to a supervising agency in the new locality. Bill passed both the House and Senate

HB 2254: Provides that any person who, with the intent to coerce, harass, or intimidate, disseminates to any person 18 years of age or older any unsolicited, obscene videographic or still image created by any means whatsoever that depicts himself totally nude, or in a state of undress so as to expose his own genitals, pubic area, buttocks, or female breast is guilty of a Class 1 misdemeanor. Passed by indefinitely in Senate Judiciary committee with letter (8 Yes to 5 No to 1 Abstain)

HB 2258: Authorizes the Department of State Police to release Substantial Risk Order Registry information upon request to institutions of higher education and other research organizations or institutions for the purpose of monitoring and evaluating the impact of substantial risk orders on public safety. Bill passed both the House and Senate

HB 2263: Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779. Passed Senate (22 Yes to 16 No)

HB 2290: Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Bill passed both the House and Senate

HB 2312: Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. Senate requested a conference committee

HB 2317: Increases from 15 to 19 the total number of members of the Advisory Committee on Sexual and Domestic Violence (the Advisory Committee) by adding the Executive Director of the Virginia Victim Assistance Network and by increasing from six to nine the number of nonlegislative citizen members. Passed Senate (39 Yes to 0 No)

HB 2331: Eliminates mandatory minimum sentences of confinement for certain crimes. Reported from Senate Finance and Appropriations with substitute (10 Yes to 3 No to  1 Abstain)

HJ 629: Confirms the appointment by the Chief Justice of the Supreme Court of Virginia of the Honorable Edward L. Hogshire as Chairman of the Virginia Criminal Sentencing Commission. Agreed to by Senate (38 Yes to 0 No)

Bills Passed

  • HB 1806:  Suspension or modification of sentence; transfer to the Department of Corrections
    Provides that if a person has been sentenced for a felony to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. Under current law, the court may only suspend or otherwise modify the unserved portion of such a sentence prior to the transfer of such person to the Department.
  • HB 1814: Garnishment of wages; protected portion of disposable earnings
    Provides that the Virginia minimum hourly wage shall be used to calculate the amount of a person’s aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage.
  • HB 1821: Experiencing or reporting overdoses; prohibits arrest and prosecution 
    Prohibits the arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia if (i) such individual, in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of the individual’s rendering emergency care or assistance. Current law prohibits arrest or prosecution for such offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him.
  • HB 1852: Uniform Collaborative Law Act; created
    Creates the Uniform Collaborative Law Act, which provides a framework for the practice of collaborative law, a process entered into voluntarily by clients for the express purpose of reaching a settlement in a family or domestic relations law matter, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. The Act governs disclosure of information, privilege against disclosure of communications, and scope of representation by the attorneys in the proceeding.
  • HB 1853: Lawyers; client accounts
    Repeals the provision prohibiting the Supreme Court of Virginia from adopting a disciplinary rule requiring that lawyers deposit client funds in an interest-bearing account. The bill provides that any rule promulgated by the Supreme Court of Virginia requiring attorney participation in the Interest on Lawyers Trust Accounts (IOLTA) program clearly state that an attorney or law firm has no responsibility to remit interest earned to the IOLTA program.
  • HB 1864: Virginia Human Rights Act; expands definition of employer
    Expands the definition of “employer” for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill.
  • HB 1866: Court-appointed special advocates; information sharing
    Permits court-appointed special advocates to participate in and verbally share information with family partnership meetings and in meetings of family assessment and planning teams, multidisciplinary child sexual abuse response teams, individualized education program teams, and multidisciplinary teams related to child abuse.
  • HB 1867: Victims of crime; compensation, reporting requirement
    Provides that the requirement that the Virginia Workers’ Compensation Commission find that police records show the crime was promptly reported no more than 120 hours after it occurred in order to award a claimant funds from the Criminal Injuries Compensation Fund does not apply to claims of sexual abuse. Under current law, the exception to such requirement applies only to claims of sexual abuse that occurred while the victim was a minor.
  • HB 1878: Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause
    Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate.
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage 
    Provides that a deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust. The bill further requires that the interest rate of a prior mortgage be stated on the first page of a refinance mortgage.
  • HB 1895: Fines and costs; accrual of interest, deferral or installment payment agreements
    Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant’s release from incarceration if the sentence includes an active term of incarceration. Current law prohibits interest from accruing on such fines or costs for a period of 40 days from the date of the final judgment imposing such fine or costs or during any period the defendant is incarcerated. The bill also removes the requirement that a defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to be eligible to enter into a deferred or installment payment agreement and allows any defendant to enter such payment agreements. The bill removes the requirement that a defendant make a down payment upon entering a deferred, modified deferred, or installment payment agreement.
  • HB 1911: No-fault divorce; corroboration requirement
    Removes the corroborating witness requirement for no-fault divorces.
  • HB 1912: Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice
    Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice.
  • HB 1936: Robbery; penalties
    Creates degrees of punishment corresponding to the severity of a robbery offense. Any person who commits a robbery and causes serious bodily injury to or the death of another person is guilty of a Class 2 felony. Any person who commits robbery by using or displaying a firearm in a threatening manner is guilty of a Class 3 felony. Any person who commits robbery by using physical force not resulting in serious bodily injury, or by using or displaying a deadly weapon other than a firearm in a threatening manner, is guilty of a Class 5 felony. Any person who commits robbery by using threat or intimidation or by any other means not involving a deadly weapon is guilty of a Class 6 felony. Under current law, any robbery is punishable by confinement in a state correctional facility for life or any term not less than five years.
  • HB 1991: Juveniles; release and review hearing for serious offender, plea agreement
    Clarifies that the Department of Juvenile Justice (the Department) may petition the court that committed a juvenile for a hearing for an earlier release of a juvenile when good cause exists for an earlier release as permitted under current law and shall petition the committing court for a determination as to the continued commitment of each juvenile committed as a serious offender at least 60 days prior to the second anniversary of the juvenile’s date of commitment and at least 60 days prior to each annual anniversary thereafter as required under current law, notwithstanding the terms of any plea agreement or commitment order. Similarly, at the conclusion of such hearing, the bill provides that notwithstanding the terms of any plea agreement, the court shall order any of the dispositions permitted under current law such as continued commitment to the Department or release of the juvenile under terms and conditions after considering the statutory factors.
  • HB 1992: Firearms; purchase, etc., following conviction for assault and battery of a family member
    Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. The prohibition expires three years after the date of conviction, at which point the person’s firearms rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor.
  • HB 2002: Child support; health care coverage, eligibility requirements
    Provides that in any case in which a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services. The bill also requires the Department of Social Services to refer children for whom it has issued an order directing the payment of child support to the FAMIS plan if it appears that the gross income of the custodial parent is equal to or less than 200 percent of the federal poverty level.
  • HB 2009: Chamberlin Hotel at Fort Monroe; reverts certain property to the Commonwealth
    Provides that the property upon which a hotel known as the Chamberlin Hotel at Fort Monroe, Virginia, is located and that is leased to an operator for use as a senior living facility with an assisted living component shall revert to the Commonwealth subject to such lease or with such lease being assigned or otherwise conveyed to the Commonwealth by the United States. The bill also repeals provisions of the Acts of Assembly suspending the provision of the deed from the Commonwealth to the United States by which such site would revert and revest in the Commonwealth.
  • HB 2010: Earned sentence credits; rate at which sentence rates may be earned, prerequisites
    Contains a technical amendment. This bill is declarative of existing law.
  • HB 2012: Protective orders; violations of preliminary child protective order, changes punishment, etc
    Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. The bill provides that a violation of a preliminary child protective order is punishable as contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child’s life, health, or normal development or result in bodily injury to the child, it is punishable as a Class 1 misdemeanor. Under current law, violations of preliminary child protective orders constitute contempt of court and are also subject to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.
  • HB 2017: Juvenile offenders; youth justice diversion programs
    Authorizes any jurisdiction to establish a youth justice diversion program, defined in the bill as a diversionary program that (i) is monitored by a local youth justice diversion program advisory committee; (ii) uses juvenile volunteers as lawyers, jurors, and other court personnel; (iii) uses volunteer attorneys as judges; (iv) conducts peer trials, subject to the juvenile and domestic relations court’s jurisdiction, of juveniles who are referred to the program by an intake officer; and (v) imposes various sentences emphasizing restitution, rehabilitation, accountability, competency building, and education, but not incarceration. The bill provides that a jurisdiction may establish a youth justice diversion program upon establishment of a local youth justice diversion program advisory committee and approval of the program by the chief judge of the juvenile and domestic relations court that serves such jurisdiction The bill requires each local youth justice diversion program advisory committee to establish criteria for the eligibility and participation of juveniles alleged to have committed a delinquent act other than an act that would be a felony or a Class 1 misdemeanor if committed by an adult, with the consent of the juvenile’s parent or legal guardian, and to establish policies and procedures for the operation of such program. The bill provides that whenever an intake officer takes informal action on a complaint alleging that a child committed a delinquent act other than an act that would be a felony or a Class 1 misdemeanor if committed by an adult, the intake officer may refer the juvenile to a youth justice diversion program. The bill also adds provisions that the Department of Juvenile Justice shall develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of youth justice diversion programs and report these evaluations to the General Assembly by December 1 of each year.
  • HB 2018: Emergency order for adult protective services; acts of violence, etc., or financial exploitation
    Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. The bill provides that any person who violates any such condition is guilty of a Class 1 misdemeanor. Also, the bill provides that hearings on emergency orders for adult protective services shall be held no earlier than 24 hours and no later than 72 hours after the notice required has been given, unless such notice has been waived by the court. Current law just requires such hearing be held no earlier than 24 hours. Lastly, the bill provides that if the court enters an order containing any of the aforementioned conditions, the primary law-enforcement agency providing service and entry of protective orders shall enter the name of the perpetrator into the Virginia Criminal Information Network and the order shall be served forthwith on the perpetrator. This bill is identical to SB 1297.
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
    Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines “technical violation” and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
  • HB 2047: Criminal proceedings; consideration of mental condition and intellectual, etc
    Permits the admission of evidence concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time of the offense and that such condition satisfies the diagnostic criteria for (a) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (b) an intellectual or developmental disability. If a defendant intends to present such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The bill also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities.
  • HB 2055: Child support obligations; party’s incarceration not deemed voluntary unemployment/underemployment
    Provides that a party’s incarceration alone for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party’s incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based.
  • HB 2064: Recording an electronic document; electronic notarial certificate
    Provides that if a clerk has an eRecording Sytem, the clerk shall follow the provisions of the Uniform Real Property Electronic Recording Act. The bill further provides that if a clerk does not have an eRecording System, the clerk shall record a legible paper copy of an electronic document, provided that such copy otherwise meets the requirements for recordation and is certified to be a true and accurate copy of the electronic original by the party who submits the document for recordation. The bill requires an electronic notarial certificate to include the county or city in the Commonwealth where the notary public was physically located and indicate whether the notarization was done in person or by remote online notarization, defined in the bill as an electronic notarization where the signer is not in the physical presence of the notary. The bill also adds additional forms of “satisfactory evidence of identity” when a notary is using video and audio communication. The bill contains an emergency clause.
  • HB 2081: Polling places; prohibited activities, unlawful possession of a firearm, penalty
    Prohibits any person from knowingly possessing a firearm within 40 feet of any building, or part thereof, used as a polling place, including one hour before and one hour after its use as a polling place, except for (i) a qualified law-enforcement officer or retired law-enforcement officer, (ii) any person occupying his own private property that falls within 40 feet of the polling place, or (iii) a licensed armed security officer whose employment or performance of his duties occurs within 40 feet of the polling place. The bill further provides that no person shall knowingly possess a firearm within 40 feet of a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election or any place used as the setting for a recount. A violation of the provisions of the bill is a Class 1 misdemeanor.
  • HB 2099: Judgments; limitations on enforcement, judgment liens, settlement agents, effective date
    Reduces from 20 years to 10 years from the date of a judgment the period of time within which an execution may be issued or action may be taken on such judgment.  The bill provides that the limitation of the enforcement of a judgment may be extended up to two times by a recordation of a certificate prior to the expiration period in the clerk’s office in which a judgment lien is recorded. The bill provides that such recordation shall extend the limitations period for 10 years per recordation from the date of such recordation. Under current law, such limitation period may be extended on motion of the judgment creditor or his assignee. The bill allows a settlement agent or title insurance company to release a judgment lien, in addition to a deed of trust as provided under current law, provided that the obligation secured by such judgment lien has been satisfied by payment made by the settlement agent and whether or not the settlement agent or title insurance company is named as a trustee under such lien or received authority to release such lien. The bill has a delayed effective date of January 1, 2022.
  • HB 2110: Pretrial data collection; VCSC to collect and disseminate on an annual basis
    Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. The bill provides that any personal or case identifying information within the data shall not be subject to the Virginia Freedom of Information Act and shall not be made publicly available. The bill does not require that the Virginia Criminal Sentencing Commission submit such annual report prior to December 1, 2022. Additionally, the bill requires the Virginia State Crime Commission to provide the Virginia Criminal Sentencing Commission with the final dataset of all adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment in October 2017 and that the Virginia Criminal Sentencing Commission make such statewide and locality-level data publicly available on a website established and maintained by the Virginia Criminal Sentencing Commission as an electronic dataset, excluding any personal and case identifying information, by October 1, 2021, and on an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user, by December 1, 2022. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill incorporates HB 1945 and is identical to SB 1391.
  • HB 2113: Criminal records; sealing of records, Sealing Fee fund created
    Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission.
  • HB 2128: Firearms; criminal history record information check delay increased to five days
    Increases from three business days to five business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer’s fifth business day, the dealer may complete the sale or transfer without being deemed in violation.
  • HB 2132: Homicides and assaults and bodily woundings; certain matters not to constitute defenses
    Provides that the discovery of, perception of, or belief about another person’s actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder.
  • HB 2133: Commercial sex trafficking; issuance of writ of vacatur for victims
    Establishes a procedure for victims of sex trafficking to file a petition of vacatur in circuit court to have certain convictions vacated and the police and court records expunged for such convictions. The bill requires the court to grant the writ and vacate a qualifying offense if it finds the petitioner (i) was convicted or adjudicated delinquent of a qualifying offense and (ii) committed the qualifying offense as a direct result of being a victim of sex trafficking, as defined in the bill. As introduced, the bill is a recommendation of the Virginia State Crime Commission.
  • HB 2139: Accrual of cause of action; diagnosis of latent injury
    Provides that a cause of action for a latent injury resulting from the exposure to a substance or the use of a product shall accrue when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product.
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
    Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights.
  • HB 2150: Jurisdiction over criminal cases; certification or appeal of charges
    Provides that upon (i) certification by the general district court of any felony charge and ancillary misdemeanor charge or when an appeal of a conviction of an offense in general district court is noted or (ii) certification by the juvenile and domestic relations district court of any felony charge and ancillary misdemeanor charge committed by an adult or when an appeal of a conviction or adjudication of an offense is noted, jurisdiction as to such charges shall vest in the circuit court, unless such case is reopened, modified, vacated, or suspended or the appeal has been withdrawn in the district court within 10 days. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.
  • HB 2167: Parole; notice and certification, monthly reports, discretionary early consideration
    Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board’s decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. The bill provides that in the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate’s release that such inmate has been granted discretionary parole or conditional release or (ii) by telephone or other electronic means prior to release that a terminally ill inmate has been granted conditional release where death is imminent. The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (a) be published on the fifteenth day of the month and (b) include the name of each prisoner considered for parole, the offense of which the prisoner was convicted, the jurisdiction in which such offense was committed, the amount of time the prisoner has served, whether the prisoner was granted or denied parole, and the basis for the grant or denial of parole. However, in the case of a prisoner granted parole, the bill provides that such information shall be included in the statement published in the month immediately succeeding the month in which notification of such decision was given to the attorney for the Commonwealth and any victim. The bill also provides that if additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The bill provides that the provisions regarding the monthly reports issued by the Board shall become effective on July 1, 2022.
  • HB 2168: Illegal gambling; skill games, enforcement by localities and Attorney General, civil penalty
    Provides that any person who conducts, finances, manages, supervises, directs, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of up to $25,000. The bill provides that the Attorney General, an attorney for the Commonwealth, or the attorney for any locality may cause an action in equity to be brought in the name of the Commonwealth or of the locality, as applicable, to enjoin the operation of a gambling device in violation of this section and may request attachment against all such devices and any moneys within such devices. The bill provides that any civil penalties brought in the name of the Commonwealth shall be paid into the Literary Fund and that any civil penalties brought in the name of a locality shall be paid into the general fund of the locality. The bill also provides that any organization or person that conducted bingo, network bingo, instant bingo, pull tabs, seal cards, raffles, duck races, Texas Hold’em poker tournaments, or regulated gaming outside of the county, city, or town in which the organization’s or person’s principal office or registered agent, as registered with the State Corporation Commission, is located or outside of an adjoining county, city, or town on or before February 1, 2021, may continue such activities only at those locations until June 30, 2022.
  • HB 2169: Prostitution; reorganizes the statute penalizing into two distinct sections
    Reorganizes the statute penalizing prostitution into two distinct sections. The penalties for all offenses remain unchanged. This bill is a recommendation of the Virginia State Crime Commission.
  • HB 2190: Wrongful death; beneficiaries
    Provides that an award in a wrongful death action, where there is no surviving spouse of the decedent, children of the decedent, or children of a deceased child of the decedent, shall be distributed to the parents, brothers and sisters of the decedent, and any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent.
  • HB 2192: Support orders; contents of orders, change in employment status, unemployment benefits
    Requires support orders to contain a provision requiring an obligor to keep the Department of Social Services or a court informed of, in addition to the name, address, and telephone number of his current employer, any change to his employment status and if he has filed a claim for or is receiving unemployment benefits. The bill further requires that the provision shall further specify that any such change or filing be communicated to the Department of Social Services or the court in writing within 30 days of such change or filing.
  • HB 2194: Communicating threats of death or bodily injury to a person with intent to intimidate; penalty
    Provides that any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. The bill provides that any person younger than 18 years of age who commits such offense is guilty of a Class 1 misdemeanor. This bill is identical to SB 1113.
  • HB 2233: Orders of restitution; docketed on behalf of victim, enforcement
    Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. The bill provides that an order of restitution docketed in the name of the victim shall be enforced by the victim as a civil judgment. The bill also states that the clerk of such court shall record and disburse restitution payments in accordance with orders of restitution or judgments for restitution docketed in the name of the Commonwealth or a locality. The bill provides that at any time before a judgment for restitution docketed in the name of the Commonwealth or a locality is satisfied, the court shall, at the written request of the victim, order the circuit court clerk to execute and docket an assignment of the judgment to the victim and remove from its automated financial system the amount of unpaid restitution. Similarly, the bill provides that if a judge of the district court orders the circuit court clerk to execute and docket an assignment of the judgment to the victim, the district court clerk shall remove from its automated financial system the amount of unpaid restitution. Additionally, the bill states that if the victim requests that the order of restitution be docketed in the name of the victim or that a judgment for restitution previously docketed in the name of the Commonwealth or a locality be assigned to the victim, the victim shall provide to the court an address where the defendant can mail payment for the amount due and such address shall not be confidential. This bill is identical to SB 1426.
  • HB 2234: Victims of sex trafficking; affirmative defense to prosecution for certain offenses
    Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of sex trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent.
  • HB 2236Behavioral health docket; transfer of supervision
    Provides that if an offender determined to be eligible to participate in a behavioral health docket resides in a locality other than that in which the behavioral health docket is located, or such offender desires to move to a locality other than that in which the behavioral health docket is located, and the court determines it is practicable and appropriate, the supervision of such offender may be transferred to a supervising agency in the new locality. The bill states that if the receiving agency accepts the transfer, it shall confirm in writing that it can and will comply with all of the conditions of supervision of the behavioral health docket, including the frequency of in-person and other contact with the offender and updates from the offender’s treatment providers and that if the receiving agency cannot comply with the conditions of supervision, the agency shall deny the transfer in writing and the sending agency shall notify the court. The bill also provides that where supervision is transferred, the sending agency shall be responsible for providing to the court reports on an offender’s conduct, treatment, and compliance with the conditions of supervision. Additionally, the bill provides that the standards prescribed by the Department of Criminal Justice Services for the development, implementation, operation, and evaluation of local community-based probation services and facilities shall include standards for the transfer of supervision between local community-based probation agencies.
  • HB 2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation
    Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines “technical violation” and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
  • HB 2252: Tazewell County; quitclaim and conveyance of easement by Board of Wildlife Resources
    Authorizes the Board of Wildlife Resources to quitclaim any interest in a parcel of land and convey a right-of-way easement to the Valerie H. MacDowell Trust. The quitclaim is a result of a boundary line correction of an acquisition by the Board and applies to an unimproved parcel of land containing about 13.6 acres on the watershed of Little Tumbling Creek. The easement, which will follow an existing road and bridge across a portion of the Clinch Mountain Wildlife Management Area, will allow ingress and egress to the MacDowell Trust property from State Route 607. The MacDowell Trust shall be solely responsible for the maintenance and upkeep of the easement. This bill is identical to SB 1400.
  • HB 2258Substantial Risk Order Registry; maintenance by State Police
    Authorizes the Department of State Police to release Substantial Risk Order Registry information upon request to institutions of higher education and other research organizations or institutions for the purpose of monitoring and evaluating the impact of substantial risk orders on public safety. The bill requires the Department of State Police to remove the names and other personal identifying information from the data before it releases such information.
  • HB 2263: Death penalty; abolition of current penalty.
    Abolishes the death penalty, including for those persons currently under a death sentence. The bill provides that no person may be sentenced to death or put to death on or after its effective date for any violation of law. The bill incorporates HB 1779 and is identical to SB 1165.
  • HB 2290: Larceny; repeals punishment for conviction of second or subsequent misdemeanor
    Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Under current law, when a person is convicted of a second larceny offense, he shall be confined in jail not less than 30 days nor more than 12 months, and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.
  • HB 2298: Muzzleloading rifle and shotgun; clarifies definitions
    Removes the requirement that the propellant be loaded along with the projectile or projectiles in the definitions of muzzleloading rifle and muzzleloading shotgun.
  • HB 2310: Concealed handgun permits; demonstration of competence
    Provides that any applicant for a concealed handgun permit who completed an online course to demonstrate competence with a handgun and contacted the circuit court clerk’s office prior to January 1, 2021, but was prohibited from appearing in person at a circuit court clerk’s office because of COVID-19 restrictions is eligible to apply for such permit through April 30, 2021. The bill contains an emergency clause.
  • HB 2317: Sexual and Domestic Violence, Advisory Committee on; increases membership, duties
    Increases from 15 to 19 the total number of members of the Advisory Committee on Sexual and Domestic Violence (the Advisory Committee) by adding the Executive Director of the Virginia Victim Assistance Network and by increasing from six to nine the number of nonlegislative citizen members. The bill streamlines the responsibilities and duties of the Advisory Committee to (i) promotion of appropriate and effective responses, services, and prevention for sexual assault and domestic violence across the Commonwealth and (ii) promotion of strong communication, coordination, and strategy at state, regional, and local levels. The bill also reorganizes the Virginia Sexual and Domestic Violence Professional Standards Committee (the Professional Standards Committee) to consist of 12 nonlegislative citizen members appointed by the Governor and three nonvoting members. Under current law, the Professional Standards Committee consists of six directors of local and domestic violence programs appointed by the Advisory Committee, six directors of local sexual and domestic violence programs appointed by the Virginia sexual and domestic violence coalition, one nonvoting member appointed by the Department of Criminal Justice Services, and one nonvoting member appointed by the Virginia sexual and domestic violence coalition. The bill further outlines the duties and responsibilities of the Professional Standards Committee and of the Department of Criminal Justice Services with regard to the Professional Standards Committee.

Commissions & Boards

Joint Subcommittee to Study Barrier Crimes and Criminal History Records Checks

Source: Webpage

Study of the Commonwealth’s laws related to barrier crimes and criminal history records checks and development of recommendations related to (i) whether statutory provisions related to criminal history records checks, barrier crimes, and barrier crime exceptions should be reorganized and consolidated into a central location in the Code of Virginia; (ii) whether certain crimes should be removed from the list of barrier crimes; (iii) whether barrier crime exceptions and waiver processes should be broadened; (iv) whether the required amount of time that must lapse after conviction of certain barrier crimes should be shortened; and (v) other changes that could be made to criminal history records check and barrier crimes requirements that would improve the organization, effectiveness, and fairness of such provisions.

Criminal Justice Services Board

Source: Webpage

Supervisory board of the Department of Criminal Justice Services which is the planning and coordinating agency responsible for the implementation and administration of any federal programs for strengthing and improving law enforcement, and the administration of criminal justice, and delinquency prevention and control throughout the Commonwealth.

Criminal Sentencing Commission

Source: Website

To develop discretionary sentencing guidelines to achieve the goals of certainty, consistency, and adequacy of punishment with due regard to the seriousness of the offense, the dangerousness of the offender, deterrence of individuals from committing criminal offenses,and the use of alternative sanctions, where appropriate.

Disbursement Review Committee

Source: Webpage

Provide input to the Attorney General on forfeitures through the U.S. Department of Justice Asset Forfeiture Program or the U.S. Treasury Executive Office for Asset Forfeiture

Committee on District Courts

Source: Webpage

Authorizing the appointment of substitute judges pursuant to § 16.1-69.14, authorizing the establishment of clerks’ offices in counties or cities as may be required and establishing when such offices are open for business, authorizing the appointment of personnel for the district courts and establishing procedures for administrative review of appeals from personnel actions for district court personnel and magistrates, fixing salary classification schedules of court personnel and establishing vacation and sick leave for district court judges, district court personnel and magistrates, and for such other duties or matters as may be conferred upon by law.

Forensic Science Board

Source: Webpage

Policy Board

VA Council Interstate Compact for Juveniles

Source: Webpage

The Council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the Council, including development of policies concerning operations and procedures of the compact within Virginia.

Judicial Conference of Virginia for District Courts

Source: Webpage

There is hereby established a Judicial Conference of Virginia for District Courts whose active members shall be the judge of every general district court and juvenile and domestic relations district court of the Commonwealth. The Attorney General of Virginia, the chairmen of the Courts of Justice Committees of the Senate and House of Delegates or their designees who shall be members of the Courts of Justice committees, the president and secretary of the Virginia State Bar, the president and secretary of the Virginia Bar Association, the president and secretary of the Virginia Trial Lawyers Association, the president and secretary of the Old Dominion Bar Association, the president and secretary of the Virginia Association of Commonwealth’s Attorneys, the president and secretary of the Virginia Women Attorneys Association, the president and secretary of the Virginia College of Criminal Defense Attorneys, and the president and secretary of the Virginia Association of Defense Attorneys shall be honorary members of the Conference without voting privilege.

Judicial Council of Virginia

Source: Webpage

Judicial Inquiry and Review Commission

Source: Webpage

To investigate charges arising out of the present or any prior term of office which would be the basis for retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia.

Advisory Committee on Juvenile Justice

Source: Webpage

Advise and assist all agencies on matters related to the prevention and treatment of juvenile delinquency and the administration of juvenile justice in the Commonwealth.

Virginia Advisory Committee on Sexual and Domestic Violence

Source: Webpage

The Advisory Committee shall have the responsibility for advising and assisting the Board, the Department, all agencies, departments, boards, and institutions of the Commonwealth, and units of local government, or combinations thereof, on matters related to the prevention and reduction of sexual and domestic violence in the Commonwealth, and to promote the efficient administration of grant funds to state and local programs that work in these areas.

Commission To Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans

Source: Webpage

To study the current impact and long-term inequities of slavery and subsequent de jure and de facto racial and economic discrimination against African Americans

Virginia African American Advisory Board

Source: Webpage

The Virginia African American Advisory Board (the Board) is established as an advisory board in the executive branch of state government.

Qualifications: The Board shall have a total membership of 26 members that shall consist of 21 nonlegislative citizen members and five ex officio members. Nonlegislative citizen members shall be appointed as follows: 21 members, at least 15 of whom shall be African American, to be appointed by the Governor, subject to confirmation by the General Assembly. The Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, and Public Safety and Homeland Security or their designees shall serve ex officio with nonvoting privileges.

Virginia Indigent Defense Commission

Source: Website

To develop and publicize a list of and develop and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159.

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Education CommitteeEducation Committee

Meets on: Monday and Wednesday at 9:00 a.m (Monday) 8:00 a.m (Wednesday) in House Committee Room

MembersRoslyn Tyler (Chair) – John Avoli – Lamont Bagby – Amanda Batten – Jeff  Bourne – David Bulova – Joshua Cole – Mark Cole – Glenn Davis – Nancy Guy – Elizabeth Guzman –  Mark Keam – Danny Marshall –
John McGuire – Delores McQuinn – Martha  Mugler – Sam Rasoul – Roxann Robinson – Suhas Subramanyam – Schuyler VanValkenburg – Will Wampler

13 Democrats and 9 Republicans

Subcommittees:

  • Post-Secondary and Higher Ed
  • Pre-K-12
i
Education Committee bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bill passed below are in the Heading “Bills passed”

  • HB 1747 Clinical nurse specialist; licensure of nurse practitioners as specialists, etc.
  • HB 1776 Education, Board of; temporary extension of certain teachers’ licenses.
  • HB 1790 Public schools; severe weather conditions and other emergency situations. 
  • HB 1798 Brunswick County school board; appointed school board salaries. 
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. 
  • HB 1827 Education, Board of; geographic representation of members.
  • HB 1838 Loudoun County school board; staggered terms of its members. 
  • HB 1855 Mines, Minerals and Energy, Department of; renamed the Department of Energy. 
  • HB 1865 Kindergarten through grade 3; reading intervention services for certain students. 
  • HB 1904 Teachers and other licensed school board employees; cultural competency. 
  • HB 1905 Economic education and financial literacy required in middle and high school grades; employment. 
  • HB 1918 Student driver safety; driver education program shall include dangers of speeding. 
  • HB 1930 Higher educational institutions, public; admissions applications criminal history questions. 
  • HB 1940 Students; guidelines on excused student absences, civic engagement.
  • HB 1980 Enslaved Ancestors College Access Scholarship and Memorial Program; established, report. 
  • HB 1986 George Mason University; management agreement with the Commonwealth. 
  • HB 1998 Public schools; lock-down drills, annual requirement. 
  • HB 2013 School boards; board policy for students unable to pay for a meal at school. 
  • HB 2019 Public elementary and secondary schools; administration of undesignated stock albuterol inhalers. 
  • HB 2027 Standards of Learning assessments; reading and mathematics; grades three through eight. 
  • HB 2035 Virginia Initiative for Education and Work; participants, modifies Full Employment Program. 
  • HB 2058 Virginia STEM Education Advisory Board; established, report. 
  • HB 2105 Early childhood education; quality rating and improvement system participation. 
  • HB 2119 Student driver education program; parent/student component exemption. 
  • HB 2120 Higher educational institutions, public; governing boards, meetings, input, and disclosures. 
  • HB 2123 Students; eligibility for in-state tuition. 
  • HB 2135 School boards, certain; participation in the Afterschool Meal Program. 
  • HB 2148 Small renewable energy projects; energy storage. 
  • HB 2176 School board policies; abusive work environments, definitions. 
  • HB 2182 Traumatic brain injury; definition. 
  • HB 2204 Get Skilled, Get a Job, Give Back (G3) Fund and Program; established.
  • HB 2218 Pharmaceutical processors; permits processors to produce & distribute cannabis products. 
  • HB 2299 Special education; training for school divisions on developing IEPs for children w/ disabilities. 
  • HB 2316 Students w/ disabilities; Dept. of Education to update its special education and related services. 
i
Education Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/20  1/27  2/1  2/3  2/10  2/15  2/17  2/22

Subcommittees:

Post-Secondary and Higher Ed: 1/20  1/27

Pre-K-12: 1/15  1/22

SOL and SOQ: 1/18  1/25  2/1  2/15

Makya Little was helping her fourth-grade daughter review for the Virginia Studies SOL, a standardized test on state history, when she found herself taken aback by one of the questions on the study guide.

“She gets to this one question that says ‘What’s the status of the early African?’” said Little, who lives in Prince William County. The correct answer, according to the class materials, was “unknown. They were either servants or enslaved.”

“I got really, really upset,” Little said. While historians widely agree that the first Africans to arrive at the Jamestown settlement were enslaved, there’s been contentious discussion on the topic — some of the state’s own study materials also state that it’s “unknown” whether they arrived as slaves or indentured servants. The school division didn’t provide any of that context, and Little said multiple thoughts flashed through her head. The information was “misleading,” she added, and seemed designed to “soften how early Americans treated Black and Indigenous people” (another prompt on the study guide stated that native people and English settlers had a “trade relationship”).

Northam signs bill funding Va. community-college education costs
WTOP, Rick Massimo March 29, 2021 (Short)

Low-income students in Virginia will soon be getting financial help with all the costs of getting an education.

Gov. Ralph Northam on Monday signed into law the “Get Skilled, Get a Job, Give Back” program, which will provide full tuition for community college for low-income students in certain majors, as well as incidental expenses such as food and transportation.

The bill, which passed the legislature overwhelmingly last month, budgets $36 million a year over the next two years.

The bill covers education that leads to in-demand jobs in fields such as technology, skilled labor and health care. Officials gathered at Northern Virginia Community College for the signing Monday said the bill would open doors to people who were considering higher education.

“I am so incredibly proud of this initiative,” said House Speaker Eileen Filler-Corn. “This has been something that we’ve been working on for a number of years.” She said there was a lot of bipartisan support for the bill even before COVID-19, but with a lot of lower-skill jobs disappearing because of the pandemic, “It’s more important now than ever.”

Summary

Meets on: Monday and Wednesday at 9:00 a.m (Monday) 8:00 a.m (Wednesday) in House Committee Room

MembersRoslyn Tyler (Chair) – John Avoli – Lamont Bagby – Amanda Batten – Jeff  Bourne – David Bulova – Joshua Cole – Mark Cole – Glenn Davis – Nancy Guy – Elizabeth Guzman –  Mark Keam – Danny Marshall –
John McGuire – Delores McQuinn – Martha  Mugler – Sam Rasoul – Roxann Robinson – Suhas Subramanyam – Schuyler VanValkenburg – Will Wampler

13 Democrats and 9 Republicans

Subcommittees:

  • Post-Secondary and Higher Ed
  • Pre-K-12

News

i
Education Committee bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bill passed below are in the Heading “Bills passed”

  • HB 1747 Clinical nurse specialist; licensure of nurse practitioners as specialists, etc.
  • HB 1776 Education, Board of; temporary extension of certain teachers’ licenses.
  • HB 1790 Public schools; severe weather conditions and other emergency situations. 
  • HB 1798 Brunswick County school board; appointed school board salaries. 
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. 
  • HB 1827 Education, Board of; geographic representation of members.
  • HB 1838 Loudoun County school board; staggered terms of its members. 
  • HB 1855 Mines, Minerals and Energy, Department of; renamed the Department of Energy. 
  • HB 1865 Kindergarten through grade 3; reading intervention services for certain students. 
  • HB 1904 Teachers and other licensed school board employees; cultural competency. 
  • HB 1905 Economic education and financial literacy required in middle and high school grades; employment. 
  • HB 1918 Student driver safety; driver education program shall include dangers of speeding. 
  • HB 1930 Higher educational institutions, public; admissions applications criminal history questions. 
  • HB 1940 Students; guidelines on excused student absences, civic engagement.
  • HB 1980 Enslaved Ancestors College Access Scholarship and Memorial Program; established, report. 
  • HB 1986 George Mason University; management agreement with the Commonwealth. 
  • HB 1998 Public schools; lock-down drills, annual requirement. 
  • HB 2013 School boards; board policy for students unable to pay for a meal at school. 
  • HB 2019 Public elementary and secondary schools; administration of undesignated stock albuterol inhalers. 
  • HB 2027 Standards of Learning assessments; reading and mathematics; grades three through eight. 
  • HB 2035 Virginia Initiative for Education and Work; participants, modifies Full Employment Program. 
  • HB 2058 Virginia STEM Education Advisory Board; established, report. 
  • HB 2105 Early childhood education; quality rating and improvement system participation. 
  • HB 2119 Student driver education program; parent/student component exemption. 
  • HB 2120 Higher educational institutions, public; governing boards, meetings, input, and disclosures. 
  • HB 2123 Students; eligibility for in-state tuition. 
  • HB 2135 School boards, certain; participation in the Afterschool Meal Program. 
  • HB 2148 Small renewable energy projects; energy storage. 
  • HB 2176 School board policies; abusive work environments, definitions. 
  • HB 2182 Traumatic brain injury; definition. 
  • HB 2204 Get Skilled, Get a Job, Give Back (G3) Fund and Program; established.
  • HB 2218 Pharmaceutical processors; permits processors to produce & distribute cannabis products. 
  • HB 2299 Special education; training for school divisions on developing IEPs for children w/ disabilities. 
  • HB 2316 Students w/ disabilities; Dept. of Education to update its special education and related services. 
i
Education Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/20  1/27  2/1  2/3  2/10  2/15  2/17  2/22

Subcommittees:

Post-Secondary and Higher Ed: 1/20  1/27

Pre-K-12: 1/15  1/22

SOL and SOQ: 1/18  1/25  2/1  2/15

Makya Little was helping her fourth-grade daughter review for the Virginia Studies SOL, a standardized test on state history, when she found herself taken aback by one of the questions on the study guide.

“She gets to this one question that says ‘What’s the status of the early African?’” said Little, who lives in Prince William County. The correct answer, according to the class materials, was “unknown. They were either servants or enslaved.”

“I got really, really upset,” Little said. While historians widely agree that the first Africans to arrive at the Jamestown settlement were enslaved, there’s been contentious discussion on the topic — some of the state’s own study materials also state that it’s “unknown” whether they arrived as slaves or indentured servants. The school division didn’t provide any of that context, and Little said multiple thoughts flashed through her head. The information was “misleading,” she added, and seemed designed to “soften how early Americans treated Black and Indigenous people” (another prompt on the study guide stated that native people and English settlers had a “trade relationship”).

Northam signs bill funding Va. community-college education costs
WTOP, Rick Massimo March 29, 2021 (Short)

Low-income students in Virginia will soon be getting financial help with all the costs of getting an education.

Gov. Ralph Northam on Monday signed into law the “Get Skilled, Get a Job, Give Back” program, which will provide full tuition for community college for low-income students in certain majors, as well as incidental expenses such as food and transportation.

The bill, which passed the legislature overwhelmingly last month, budgets $36 million a year over the next two years.

The bill covers education that leads to in-demand jobs in fields such as technology, skilled labor and health care. Officials gathered at Northern Virginia Community College for the signing Monday said the bill would open doors to people who were considering higher education.

“I am so incredibly proud of this initiative,” said House Speaker Eileen Filler-Corn. “This has been something that we’ve been working on for a number of years.” She said there was a lot of bipartisan support for the bill even before COVID-19, but with a lot of lower-skill jobs disappearing because of the pandemic, “It’s more important now than ever.”

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Post-Secondary and Higher Ed Subcommittee

Meets on:  Wednesday at After full committee in House Committee Room

MembersMark Keam (Chair),   Amanda BattenJeff  Bourne,  Joshua Cole,  Mark Cole,   Martha  MuglerSam Rasoul,  Will Wampler

Pre-K-12 Subcommittee

Meets on: Monday at 4:00 p.m. in 400-C Subcommittee Room

Members:  Lamont Bagby (Chair),  John Avoli,   Mark Cole,  John McGuireDelores McQuinn,  Sam Rasoul,   Schuyler VanValkenburg,

SOL and SOQ Subcommittee

Meets on:  Monday at 7:30 a.m. in House Committee Room

Members:  Schuyler VanValkenburg(Chair),  John Avoli,  David BulovaGlenn Davis,   Nancy GuyElizabeth Guzman,   Danny Marshall,  Roxann RobinsonSuhas Subramanyam

Bills    

(none at this time)

Bills reported out 

HB 2176 – School board policies (January 27, 2021)

  • Delegate Bagby sponsored a bill that which defines school board policies relating to  harmful and abusive environments such as abusive conduct, abusive work environment, psychological and physical harm.
  • Voted to report bill 12 – Yeas 9 – Nays

HB 1885 – Comprehensive review of computer science standards (January 27, 2021)

  • Delegate VanValkenburg sponsored a bill that which would enforce a review of current and constructive implementation of mandatory computer science standards in elementary school and middle schools.
  • Voted to report bill 21 – Yeas 0 – Nays.

HB 2211 – Individualized education programs (January 27, 2021)

  • Delegate McQuinn sponsored a bill that Requires individualized education work teams to identify any children with disabilities that might require outside additional service of the school in order to refer them to the local family planning assessment and planning team.
  • Voted to report bill 21 – Yeas 0 – Nays.

HB 2117 – Children’s Services Act; special education programs (January 27, 2021)

  • Delegate VanValkenburg sponsored a bill that which requires that funds that are directed for special education services under the Children’s Services Act only be used on licensed educational programs licensed by the Department of Education.
  • Voted to report and refer to Appropriations Committee 19 – Yeas 2 – Nays.

HB 2299 – Department of Education; duties and special education (January 27, 2021)

  • Delegate VanValkenburg sponsored a bill that which requires the Department of Education to provide training and localized guidance documents to schools on the developments of individualized education programs for children with disabilities.
  • Voted to report bill and refer to Appropriations Committee 21 – Yeas 0 – Nays.

HB 2305 – Board of Education (January 27, 2021)

  • Delegate VanValkenburg sponsored a bill that which requires the Board of Education to issue guidance on the governance of the academic year, including admissions places and diversity and inclusion training.
  • Voted to report bill 14 – Yeas 7 – Nays.

HB 1930 – Applicant’s criminal history in education (January 25, 2021)

  • Delegate Aird sponsored a bill that of which would prohibit higher education institutions in Virginia to not require or to use an applicant’s criminal history in the context of admission.
  • Voted to report bill 15 – Yeas 7 – Nays.

HB 1975 – Tuition waiver for survivors of sexual assault (January 25, 2021)

  • Delegate Rush sponsored a bill that of which would require schools and higher education systems in Virginia to waive fees for tuition if that student happens to be a survivor of criminal sexual assault.
  • Voted to report and refer to Appropriations Committee 17 – Yeas 5 – Nays.

HB 1986 – George Mason University program elevation (January 25, 2021)

  • Delegate Bulova sponsored a bill that which would request the management program for GMU to be elevated to a category 3, given its achievements in certain levels of history.
  • Voted to report with technical amendments 21 – Yeas 0 – Nays.

HB 2123 – Expanding opportunities for Virginia students (January 25, 2021)

  • Delegate Lopez sponsored a bill which would expand higher education opportunities such as scholarships to students with undefined or questionable legal status living within Virginia.
  • Voted to report and refer to Appropriations Committee 14 – Yeas 6 – Nays.

HB 2204 – Codify G3 program (January 25, 2021)

  • Delegate Filler-Corn sponsored a bill that would enforce and codify the G3 program which would allow those who wish to continue pursuing higher education in exchange for working to waive tuition fees in local community colleges in Virginia.
  • Voted to report and refer to Appropriations Committee 21 – Yeas 1 – Nays.

 

 

 

 

 

 

 

Bills passed

  • HB 1747 Clinical nurse specialist; licensure of nurse practitioners as specialists, etc. Changes for clinical nurse specialists the requirement to register with the Board of Nursing as a clinical nurse specialist to licensure by the Boards of Medicine and Nursing to practice as a nurse practitioner in the category of clinical nurse specialist and provides that a nurse practitioner licensed as a clinical nurse specialist shall practice pursuant to a practice agreement between the clinical nurse specialist and a licensed physician and in a manner consistent with the standards of care for the profession and applicable law and regulations. For the transition of registration to licensure, the bill requires the Boards of Medicine and Nursing to jointly issue a license to practice as a nurse practitioner in the category of a clinical nurse specialist to an applicant who is an advance practice registered nurse who has completed an advanced graduate-level education program in the specialty category of clinical nurse specialist and who is registered by the Board of Nursing as a clinical nurse specialist on July 1, 2021.
  • HB 1776 Education, Board of; temporary extension of certain teachers’ licenses. Requires the Board of Education to grant a two-year extension of the license of any individual licensed by the Board whose license expires on June 30, 2021, in order to provide the individual with sufficient additional time to complete the requirements for licensure.
  • HB 1790 Public schools; severe weather conditions and other emergency situations. Provides that when severe weather conditions or other emergency situations have resulted in the closing of any school in a school division for in-person instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The bill prohibits any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension. This bill is identical to SB 1132.
  • HB 1798 Brunswick County school board; appointed school board salaries.  Removes the Brunswick County school board from the list of approved member salaries for appointed school boards. The Brunswick County school board is currently an elected school board. This bill is identical to SB 1175.
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. Requires each building that was built before 2015 and that houses any public school classroom for students, licensed child day program, or other program that serves preschool-age children to be equipped with at least one carbon monoxide detector.
  • HB 1827 Education, Board of; geographic representation of members. Requires the nine-member Board of Education to include at least five members, appointed by the Governor, who each reside in different superintendent’s regions in the Commonwealth.
  • HB 1838 Loudoun County school board; staggered terms of its members. Enables the Loudoun County school board to stagger the terms of its members at the November election immediately preceding the end of the board’s term and upon the board’s prior vote for staggered terms.
  • HB 1855 Mines, Minerals and Energy, Department of; renamed the Department of Energy. Renames the Department of Mines, Minerals and Energy as the Department of Energy. Within the Department, the bill renames the Division of Mined Land Reclamation as the Division of Mined Land Repurposing and renames the Division of Energy as the Division of Renewable Energy and Energy Efficiency.
  • HB 1865 Kindergarten through grade 3; reading intervention services for certain students. Requires reading intervention services for students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading test or any reading diagnostic test that meets criteria established by the Department of Education to be evidence-based, including services that are grounded in the science of reading, and include explicit, systematic, sequential, and cumulative instruction, to include phonemic awareness, systematic phonics, fluency, vocabulary development, and text comprehension as appropriate based on the student’s demonstrated reading deficiencies. The bill requires the parent of each student who receives such reading intervention services to be notified before the services begin and the progress of each such student to be monitored throughout the provision of services.
  • HB 1904 Teachers and other licensed school board employees; cultural competency. Requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bill requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bill also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years. This bill is identical to SB 1196.
  • HB 1905 Economic education and financial literacy required in middle and high school grades; employment. Adds to objectives developed and approved by the Board of Education for economics education and financial literacy at the middle and high school levels the implications of various employment arrangements with regard to benefits, protections, and long-term financial sustainability. Employment arrangements is defined in the bill as full-time employment, part-time employment, independent contract work, gig work, piece work, contingent work, day labor work, freelance work, and 1099 work.
  • HB 1918 Student driver safety; driver education program shall include dangers of speeding. Requires (i) driver education programs to include instruction on the dangers of distracted driving and speeding and (ii) a student to submit a standard application form developed by the Department of Education by which the student provides evidence that he possesses a valid driver’s license or driver privilege card before being issued a pass to park a vehicle on high school property. This bill is identical to SB 1169.
  • HB 1930 Higher educational institutions, public; admissions applications criminal history questions. Prohibits each public institution of higher education, with the exception of the Virginia Military Institute and a law school of a public institution of higher education that is accredited by the American Bar Association, from (i) utilizing an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) denying admission to any applicant on the basis of any criminal history information provided by the applicant on any third-party admissions application accepted by the institution. The bill permits each public institution of higher education to inquire into the criminal history of any individual who has been admitted to but has yet to enroll at the institution and withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution’s community. The bill has a delayed effective date of January 1, 2022.
  • HB 1940 Students; guidelines on excused student absences, civic engagement. Provides that, subject to guidelines established by the Department of Education, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event and (ii) may permit additional excused absences for such students who are absent for such purposes. The bill also provides that local school boards may require that the student provide advance notice of the intended absence and require that the student provide documentation of participation in a civic event. This bill is identical to SB 1439.
  • HB 1980 Enslaved Ancestors College Access Scholarship and Memorial Program; established, report.  Establishes the Enslaved Ancestors College Access Scholarship and Memorial Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia Military Institute, and The College of William and Mary in Virginia, with any source of funds other than state funds or tuition or fee increases, are required to annually (i) identify and memorialize, to the extent possible, all enslaved individuals who labored on former and current institutionally controlled grounds and property and (ii) provide a tangible benefit such as a college scholarship or community-based economic development program for individuals or specific communities with a demonstrated historic connection to slavery that will empower families to be lifted out of the cycle of poverty. The bill requires the State Council of Higher Education for Virginia to collaborate with such institutions to establish guidelines for the implementation of the Program and to annually collect information on the implementation of the Program from such institutions and report such information to the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.
  • HB 1986 George Mason University; management agreement with the Commonwealth. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.). This bill is identical to SB 1204.
  • HB 1998 Public schools; lock-down drills, annual requirement. Reduces from three to two the minimum number of mandatory annual lock-down drills in each public elementary and secondary school in the Commonwealth.
  • HB 2013 School boards; board policy for students unable to pay for a meal at school. Requires each school board to adopt a policy that prohibits the board from filing a lawsuit against a student or the student’s parent because the student cannot pay for a meal at school or owes a school meal debt.
  • HB 2019 Public elementary and secondary schools; administration of undesignated stock albuterol inhalers. Requires each local school board to adopt and implement policies for the possession and administration of undesignated stock albuterol inhalers and valved holding chambers in every public school in the local school division, to be administered by any school nurse, employee of the school board, employee of a local governing body, or employee of a local health department who is authorized by the local health director and trained in the administration of albuterol inhalers and valved holding chambers for any student believed in good faith to be in need of such medication. The bill requires the Department of Education, in conjunction with the Department of Health, to develop and implement policies for the administration of stock albuterol in public schools. The bill has a delayed effective date of January 1, 2022.
  • HB 2027 Standards of Learning assessments; reading and mathematics; grades three through eight. Requires the Board of Education to establish, in lieu of a one-time end-of-year assessment and for the purpose of providing measures of individual student growth over the course of the school year, a through-year growth assessment system, aligned with the Standards of Learning, for the administration of reading and mathematics assessments in grades three through eight. The bill requires such through-year growth assessment system to include at least one beginning-of-year, one mid-year, and one end-of-year assessment in order to provide individual student growth scores over the course of the school year, provided that the total time scheduled for taking all such assessments shall not exceed 150 percent of the time scheduled for taking a single end-of-year proficiency assessment. The bill requires the Department of Education to ensure adequate training for teachers and principals on how to interpret and use student growth data from such assessments to improve reading and mathematics instruction in grades three through eight throughout the school year. The bill provides that with such funds and content as are available for such purpose, such through-year growth assessment system shall provide accurate measurement of a student’s performance, through computer adaptive technology, using test items at, below, and above the student’s grade level as necessary. The bill requires full implementation of such system no later than the 2022–2023 school year and partial implementation during the 2021–2022 school year consisting of one beginning-of-year assessment and one end-of-year assessment. This bill is identical to SB 1357.
  • HB 2035 Virginia Initiative for Education and Work; participants, modifies Full Employment Program. Modifies the Full Employment Program (FEP) for Virginia Initiative for Education and Work participants by (i) allowing FEP participants to continue receiving Temporary Assistance for Needy Families (TANF); (ii) disregarding wages received through FEP for purposes of calculating TANF; (iii) removing the requirement that a person be unable to find unsubsidized employment in order to participate in FEP; and (iv) allowing employers participating in FEP to receive a subsidy of up to $1,000 per month for each FEP employee for a period not to exceed six months.
  • HB 2058 Virginia STEM Education Advisory Board; established, report. Creates the Virginia Science, Technology, Engineering, and Mathematics (STEM) Advisory Board to create a unified vision regarding STEM education initiatives, language, and measures of success to promote a culture of collaboration for STEM programming in the Commonwealth. The Board shall develop the infrastructure for creating STEM Regional Hubs and naming STEM Champions in communities across the Commonwealth. Additionally, the Board shall report annually to the Governor and the General Assembly on STEM challenges, goals, and successes across the Commonwealth.
  • HB 2105 Early childhood education; quality rating and improvement system participation. Delays until the 2022–2023 school year the requirement for all publicly funded early childhood education providers to participate in a quality rating and improvement system to be established by the Board of Education by July 1, 2021. The bill also delays from the fall of 2023 to the fall of 2024 the publication of initial quality ratings for such providers. The bill reinstates the School Readiness Committee and alters the composition and scope of the work of the School Readiness Committee.
  • HB 2119 Student driver education program; parent/student component exemption. Exempts students who are (i) at least 18 years old, (ii) emancipated minors, or (iii) unaccompanied minors who are not in the physical custody of their parent or guardian from the requirement to participate in the parent/student component of a school’s driver education program.
  • HB 2120 Higher educational institutions, public; governing boards, meetings, input, and disclosures. Requires the governing board of each public institution of higher education to establish and maintain on the institution’s website (i) a listing of all board members, including the name of the Governor who made each appointment and the date of each appointment; (ii) a listing of all committees created by the board and the membership of each committee; (iii) a schedule of all upcoming meetings of the full board and its committees and instructions for the public to access such meetings; (iv) an archive of agendas and supporting materials for each meeting of the governing board and its committees that was held; and (v) an email address or email addresses that allow board members to receive public communications pertaining to board business. The bill requires such boards to solicit the input of representatives of the institution’s faculty senate or its equivalent (a) at least twice per academic year on topics of general interest to the faculty and (b) in advance of decisions to be made on the search for the institution’s new chief executive officer. The bill also requires the State Council of Higher Education for Virginia, in consultation with the Virginia Freedom of Information Advisory Council, to work with each public institution of higher education and with technology experts to develop a minimal uniform standard, to the extent practicable, for providing the public with real-time electronic access to meetings of the governing boards of public institutions of higher education.
  • HB 2123 Students; eligibility for in-state tuition. Provides that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition. The bill directs the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the bill. The bill has a delayed effective date of August 1, 2022, and is identical to SB 1387.
  • HB 2135 School boards, certain; participation in the Afterschool Meal Program. Requires each school board that governs a local school division that has a student population that qualifies for free and reduced-price meals at a minimum percentage of 50 percent in the prior school year and simultaneously offers educational or enrichment activities and is consequently eligible to participate in the Afterschool Meal Program administered by the U.S. Department of Agriculture Food and Nutrition Service (FNS) Child and Adult Care Food Program to apply to the Department of Education to participate in the Afterschool Meal Program for each such school to subsequently and simultaneously serve federally reimbursable meals and offer an afterschool education or enrichment program, pursuant to FNS guidelines and state health and safety standards. The bill requires the Department of Education to administer the Afterschool Meal Program on behalf of the U.S. Department of Agriculture. The bill provides that the Superintendent of Public Instruction shall issue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The bill requires the Department of Education to develop a process and criteria for evaluating such waivers. The bill has a delayed effective date of July 1, 2022.
  • HB 2148 Small renewable energy projects; energy storage. Includes in the definition of a “small renewable energy project” certain energy storage facilities and projects that include storage facility components. Such facilities are eligible for special permitting, review, and inspection requirements. The bill directs the Department of Environmental Quality to promulgate initial regulations to implement the provisions of the bill by January 1, 2022.
  • HB 2176 School board policies; abusive work environments, definitions. Defines, for the purposes of mandatory school board policies relating to abusive work environments, the terms “abusive conduct,” “abusive work environment,” “physical harm,” and “psychological harm.” The bill clarifies that the requirement to adopt such policies shall not be construed to limit a school board’s authority to adopt policies to prohibit any other type of workplace conduct as the school board deems necessary.
  • HB 2182 Traumatic brain injury; definition. Requires the Board of Education to amend its regulatory definition of “traumatic brain injury,” for the purpose of the provision of special education for children with disabilities, to include an acquired injury to the brain caused by a medical condition, including stroke, anoxia, infectious disease, aneurysm, brain tumors, and neurological insults resulting from medical or surgical treatments. The current regulatory definition of “traumatic brain injury” includes only an acquired brain injury caused by an external physical force.
  • HB 2204 Get Skilled, Get a Job, Give Back (G3) Fund and Program; established. Establishes the Get Skilled, Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher education that leads to an occupation in a certain high-demand field. The bill contains provisions for student eligibility, financial assistance award amounts, and data reporting. This bill is identical to SB 1405.
  • HB 2218 Pharmaceutical processors; permits processors to produce & distribute cannabis products. Permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil and for that purpose defines the terms “botanical cannabis,” “cannabis product,” and “usable cannabis.” The bill requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the bill. The bill provides that if a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall specifically authorize such dispensing. The bill allows the Board of Pharmacy to assess and collect botanical cannabis regulatory fees to cover costs associated with the implementation of the provisions of the bill, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology. The bill exempts the Board of Pharmacy’s acquisition of a commercially available cannabis-specific software product to implement the provisions of the bill from the Virginia Public Procurement Act. This bill is identical to SB 1333.
  • HB 2299 Special education; training for school divisions on developing IEPs for children w/ disabilities. Requires the Department of Education and the Board of Education to develop new policies and procedures and effect numerous modifications to existing policies and procedures to improve the administration and oversight of special education in the Commonwealth. This bill is identical to SB 1288.
  • HB 2316 Students w/ disabilities; Dept. of Education to update its special education and related services. Requires the Department of Education to update its special education eligibility worksheets as necessary, including clarifying any ambiguity or vagueness in eligibility criteria, and provide to each local school division the appropriate level of guidance on eligibility determinations for special education and related services. The bill requires the Board of Education to amend its regulations to ensure that each education preparation program graduate in a K-12 general education endorsement area demonstrates proficiency in understanding the role of general education teachers on the individualized education program (IEP) team.

Commissions & Boards

Brown v. Board of Education Scholarship Awards Committee v. Board of Education Scholarship Awards Committee

Source: Website

The Brown v. Board of Education Scholarship Program was established in accordance with § 30-231.8  of the Code of Virginia for the purpose of providing a public education to persons who were denied an education in the public schools of Virginia between 1954 and 1964, in jurisdictions in which the public schools were closed to avoid desegregation.

Commission on Youth

Source: Webiste

The Commission on Youth is tasked with providing a forum for review and study of youth policies and services. Whether you are a member or staff of the General Assembly, a government official, service provider, educator, parent or caregiver, or interested member of the public, you will find this website a wonderful resource on the Commission’s work on a host of issues, from child welfare to juvenile justice, or from mental health to education.

Commission on School Construction and Modernization

Source: Webpage

Assesses the Commonwealth’s school facilities and determines school construction and modernization funding needs; identifies funding mechanisms and makes recommendations to the Governor and the General Assembly; establishes best practices in school modernization and construction for school divisions; creates standardized construction designs and procurement practices to recommend and make available to local school divisions; and Identifying potential cost-saving measures for implementation by local school divisions to minimize construction and modernization costs where possible; and identifies potential cost-saving measures for implementation by local school divisions to minimize construction and modernization costs where possible.

Joint Subcommittee Early Childhood Care and Education

Source: Webpage

(i) review the cost-effectiveness of federal and state funding used to improve Virginia's early childhood care and education system, (ii) ensure that the transition of child care regulation from the Board of Social Services to the Board of Education occurs seamlessly without impacting health and safety oversight functions, (iii) ensure that the transition of functions from the Department of Social Services to the Department of Education occurs seamlessly without the interruption of the provision of state services or undue impact on the operation of either agency, (iv) review the implementation of the Board of Education's Quality Rating Implementation System, (v) review workforce needs for Virginia's early childhood education system, (vi) further facilitate partnerships between school divisions and private providers for the Virginia Preschool Initiative, (vii) consider recommendations and options included in the 2017 JLARC report on Improving Virginia's Early Childhood Development Programs, and (viii) consider funding methodology changes to transition the Virginia Preschool Initiative funding model to maximize the number of children served, while recognizing prevailing costs.

Education Commission of the States

Source: Webpage

To improve public education by facilitating the exchange of information, ideas and experiences among state policymakers and education leaders.

Task Force to Assist in Identification of the History of Formerly Enslaved African Americans in Virginia

Source: Webpage

Task Force shall assist the Virginia Foundation for the Humanities Foundation 1. Promote the identification, preservation, and conservation of historic sites significant to the history, presence, and contributions of formerly enslaved African Americans in Virginia; 2. Assess the extent to which students and the public are knowledgeable concerning African American history, the African slave trade, slavery in Virginia and America, and the vestiges of slavery in the Commonwealth and the nation; 3. Identify the contributions of African Americans to Virginia, the nation, and the world; 4. Inventory relevant African American historical sites, memorials, exhibits, and resources in the Commonwealth and assess the potential economic impact of tourism and economic development promotion relative to such sites; 5. Develop a register of historical sites significant to African American history in Virginia that should be preserved and recommend options for preservation and ways to increase tourism revenues; and 6. Develop and maintain a roster of volunteer historians, educators, businesses, organizations, and speakers to act as resource persons for classroom teachers on African American history, the African slave trade, American slavery, the impact of slavery on modern society, and the contributions of African Americans to Virginia and the nation.

Board of Trustees Frontier Culture Museum of Virginia

Source: Website

To construct, operate, and maintain, in the Augusta County, Staunton and Waynesboro areas of the Commonwealth, an outdoor museum to commemorate on an international scale the contribution that the pioneers and colonial frontiersmen and frontierswomen of the eighteenth and nineteenth centuries made to the creation and development of the United States

Joint Subcommittee on the Future Competitiveness of Virginia – Higher Education

Source: Webpage

The Chairmen of the House Appropriations and Senate Finance Committees shall each appoint four members from their respective committees to a Joint Subcommittee on the Future Competitiveness of Virginia Higher Education to (a) review ways to maintain and improve the quality of higher education, while providing for broad access and affordability; (b) examine the impact of financial, demographic, and competitive changes on the sustainability of individual institutions and the system as a whole; (c) identify best practices to make the system more efficient, including shared services, institutional flexibility, and easily accessible academic pathways; (d) evaluate the use of distance education and online instruction across the Commonwealth and appropriate business models for such programs; (e) review current need-based financial aid programs and alternative models to best provide for student affordability and completion; (f) review the recommendations of the Joint Legislative Audit and Review Commission on the study of the cost efficiency of higher education institutions and make recommendations to their respective committees on the implementation of those recommendations; (g) study the effectiveness and value of transfer students; (h) evaluate the effectiveness of dual enrollment in reducing the cost of higher education; and (i) study the effectiveness of preparing teachers to enter the K-12 system.

Board of Trustees Institute for Advanced Learning and Research

Source: Webpage

To seek to diversify the Dan River Region’s economy by engaging the resources of Virginia Polytechnic Institute and State University in partnership with Danville Community College and Averett University and public and private bodies and organizations of the region and state.

Virginia Council on Interstate Compact on Educational Opportunity for Military Children

Source: Webpage

To remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents.

Jamestown-Yorktown Foundation Board of Trustees

Source: Webpage

Do all things necessary and proper to further an appreciation of the contributions of the first permanent English-speaking settlers and their American Indian neighbors of Virginia and the United States to the building of our Commonwealth and nation, to commemorate the winning of American independence on the battlefield at Yorktown, and to enhance our understanding of the making of the United States Constitution and Bill of Rights, including Virginia’s role in shaping the fundamental principles of the American constitutional system.

Memorial Commission Dr. Martin Luther King, Jr.

Source: Website

To identify, plan, develop, and implement appropriate programs and events that further the philosophy and memory of Dr. King.

New College Institute

Source: Website

Seek to diversify the region’s economy by engaging the resources of other institutions of higher education, public and private bodies, and organizations of the region and state. Serve as a catalyst for economic and community transformation by leveraging and brokering resources that support economic diversity. Facilitate development of the technology and trained workforce necessary for new economic enterprises to flourish, using the resources available from collaborating educational institutions. Expand educational opportunities in the region by providing access to degree-granting programs, including undergraduate, graduate, and professional programs, through partnerships with private and public institutions of higher education, the public schools, and public and private sectors. Encourage and coordinate the development and delivery of degree programs and other credit and noncredit courses with a focus on statewide and regional critical shortage areas as well as the needs of industry. This shall include needed adult education and workforce training. Serve as a resource and referral center by maintaining and disseminating information on existing educational programs, research, and university outreach and technology resources.

Roanoke Higher Education Authority

Source: Website

To expand access to higher education in the Roanoke Valley by providing for adult and continuing education and degree-granting programs, including undergraduate, graduate and professional programs, through partnerships with the Commonwealth’s public and private institutions of higher education.

School Readiness Committee

Source: Webpage

Secretary of Education; establishment of School Readiness Committee. Directs the Secretary of Education to establish a School Readiness Committee with the first goal of addressing the development and alignment of an effective professional development and credentialing system for the early childhood education workforce in the Commonwealth, including the (i) development of a competency-based professional development pathway for practitioners who teach children birth to age five in both public and private early childhood education programs; (ii) consideration of articulation agreements between associate and baccalaureate degree programs; (iii) refinement of teacher licensure and education programs to address competencies specific to early childhood development; (iv) alignment of existing professional development funding streams; and (v) development of innovative approaches to increasing accessibility, availability, affordability, and accountability of the Commonwealth’s workforce development system for early childhood education teachers and providers.

Southwest Virginia Higher Education Center Board of Trustees

Source: Website

Encourage and coordinate the development and delivery of continuing education programs offered by those educational institutions serving the region.

Southwest Virginia Public Education Consortium Governing Board

Source: Webpage

Coordinate with those educational institutions and agencies in the Commonwealth and surrounding areas to develop joint educational initiatives; promote and establish, in conjunction with the Department of Education and the region’s public school divisions, regional programs to address area educational needs; coordinate the development and sharing of programs, educational techniques, and resources among and between the region’s school divisions and institutions of higher education to enhance the educational opportunities for students and teachers in Southwest Virginia; and provide technical assistance to school divisions throughout the Commonwealth for the implementation of effective educational programs.

Advisory Board Teacher Education and Licensure

Source: Webpage

The Advisory Board on Teacher Education and Licensure shall advise the Board of Education and submit recommendations on policies applicable to the qualifications, examination, licensure, and regulation of school personnel including revocation, suspension, denial, cancellation, reinstatement, and renewals of licensure, fees for processing applications, standards for the approval of preparation programs, reciprocal approval of preparation programs, and other related matters as the Board of Education may request or the Advisory Board may deem necessary. The final authority for licensure of school personnel shall remain with the Board of Education.

Board of Veterans Services

Source: Webpage

Advise the Director of the Department of Veterans’ Services on matters relating to veterans.

Board of the Virginia College Savings Plan

Source: Webpage

To administer the Virginia College Savings Plan established to enhance the accessibility and affordability of higher education for all citizens of the Commonwealth.

Board of Trustees Virginia Retirement System

Source: Website

Administer the Virginia Retirement System: a retirement system for teachers, state employees, and employees of local participating political subdivisions.

Western Virginia Public Education Consortium

Source: Website

Coordinate with organizations and agencies providing programs and services to Consortium schools division to reduce duplication and optimize use of available resources.

Commemorative Commission to Honor the Contributions of the Women of Virginia

Source: Website

The Commission shall determine and recommend to the General Assembly an appropriate monument in Capitol Square to commemorate the contributions of the women of Virginia. The Commission shall seek private funding for the operation and support of the Commission and the erection of an appropriate monument.

World War I and World War II Commemoration Commission

Source: Website

The Commission shall plan, develop, and carry out programs and activities appropriate to commemorate the 100th anniversary of World War I and the 75th anniversary of World War II.

X
Finance CommitteeFinance Committee

Meets on: Monday and Wednesday at 8:30 a.m. (Monday) Subcommittees meeting in lieu of full committee – (Wednesday) House Committee Room 1/2 hour after adjournment in House Committee Room

Members Vivian  Watts (Chair) – Hala Ayala – Kathy Byron – Ronnie Campbell – Lee Carter – Budd Fowler – Todd Gilbert – Steve Heretick – Sally Hudson – Mark Keam – Kaye Kory – Joe McNamara – Martha Mugler –   Kathleen Murphy – Bobby Orrock – Charles Poindexter – Don Scott – Rip Sullivan – Lee Ware – Tommy Wright

12 Democrats and 8 Republicans

Subcommittees:

  • Subcommittee #1
  • Subcommittee #2
  • Subcommittee #3
i
Finance Committee bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1763 Tax credit; agricultural best management practices. 
  • HB 1774 Tangible personal property taxes;classification of certain motor vehicles, trailers, & semitrailers. 
  • HB 1800 Budget Bill. 
  • HB 1899 Coal tax credits; sunset dates. 
  • HB 1916 Research and development tax credits. 
  • HB 1935 Income tax, state; conformity with the Internal Revenue Code.
  • HB 1969 Administration of blighted and derelict properties; modifies definition of “qualifying locality.” 
  • HB 1979 Electric vehicle rebate program; creation and funding, report, sunset date. 
  • HB 1999 Tax Commissioner; waiver of accrual of interest in the event that Gov. declares state of emergency. 
  • HB 2006 Energy storage systems; definitions, tax exemption, revenue share for systems. .
  • HB 2059 Delinquent returns; enforcement, when approval required. 
  • HB 2060 Online portal for tax practitioners; Department of Taxation shall analyze prospect of establishing. 
  • HB 2118 Virginia Electric Vehicle Grant Fund and Program; created, report. 
  • HB 2185 Retail Sales and Use Tax; exemption for personal protective equipment. 
  • HB 2273 Data centers; sales and use tax exemption, criteria, report. 
  • HB 2293 Local gas severance tax; extends sunset date. 
i
Finance Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14  1/18  1/20  1/27  2/1  2/3  2/8  2/10  2/15  2/17

Subcommittees:

Subcommittee #1: 1/21  1/25  1/28  2/12  2/16

Subcommittee #2: 1/19  1/26  2/2  2/11

Subcommittee #3: 1/22  1/29

 

Delegate Morefield sponsored a bill that which extends the sunset date from January 1, 2022 to January 1, 2024 to impose an additional local gas severance tax. Voted to report bill 21 – Yeas 0 – Nays.

Delegate Heretick sponsored a bill that which emphasizes that energy storage systems are a separate class of property and exempt from state and local taxation. Voted to report bill with substitute 18 – Yeas 2 – Nays 1 – Abs.

Delegate Sickles sponsored a bill that which directs the Department of Taxation to include space on individual income tax forms for voluntary inclusion of personal and contract information. Voted to report bill with technical amendments 19 – Yeas 2 – Nays.

Summary

Meets on: Monday and Wednesday at 8:30 a.m. (Monday) Subcommittees meeting in lieu of full committee – (Wednesday) House Committee Room 1/2 hour after adjournment in House Committee Room

Members Vivian  Watts (Chair) – Hala Ayala – Kathy Byron – Ronnie Campbell – Lee Carter – Budd Fowler – Todd Gilbert – Steve Heretick – Sally Hudson – Mark Keam – Kaye Kory – Joe McNamara – Martha Mugler –   Kathleen Murphy – Bobby Orrock – Charles Poindexter – Don Scott – Rip Sullivan – Lee Ware – Tommy Wright

12 Democrats and 8 Republicans

Subcommittees:

  • Subcommittee #1
  • Subcommittee #2
  • Subcommittee #3

News

i
Finance Committee bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1763 Tax credit; agricultural best management practices. 
  • HB 1774 Tangible personal property taxes;classification of certain motor vehicles, trailers, & semitrailers. 
  • HB 1800 Budget Bill. 
  • HB 1899 Coal tax credits; sunset dates. 
  • HB 1916 Research and development tax credits. 
  • HB 1935 Income tax, state; conformity with the Internal Revenue Code.
  • HB 1969 Administration of blighted and derelict properties; modifies definition of “qualifying locality.” 
  • HB 1979 Electric vehicle rebate program; creation and funding, report, sunset date. 
  • HB 1999 Tax Commissioner; waiver of accrual of interest in the event that Gov. declares state of emergency. 
  • HB 2006 Energy storage systems; definitions, tax exemption, revenue share for systems. .
  • HB 2059 Delinquent returns; enforcement, when approval required. 
  • HB 2060 Online portal for tax practitioners; Department of Taxation shall analyze prospect of establishing. 
  • HB 2118 Virginia Electric Vehicle Grant Fund and Program; created, report. 
  • HB 2185 Retail Sales and Use Tax; exemption for personal protective equipment. 
  • HB 2273 Data centers; sales and use tax exemption, criteria, report. 
  • HB 2293 Local gas severance tax; extends sunset date. 
i
Finance Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14  1/18  1/20  1/27  2/1  2/3  2/8  2/10  2/15  2/17

Subcommittees:

Subcommittee #1: 1/21  1/25  1/28  2/12  2/16

Subcommittee #2: 1/19  1/26  2/2  2/11

Subcommittee #3: 1/22  1/29

 

Delegate Morefield sponsored a bill that which extends the sunset date from January 1, 2022 to January 1, 2024 to impose an additional local gas severance tax. Voted to report bill 21 – Yeas 0 – Nays.

Delegate Heretick sponsored a bill that which emphasizes that energy storage systems are a separate class of property and exempt from state and local taxation. Voted to report bill with substitute 18 – Yeas 2 – Nays 1 – Abs.

Delegate Sickles sponsored a bill that which directs the Department of Taxation to include space on individual income tax forms for voluntary inclusion of personal and contract information. Voted to report bill with technical amendments 19 – Yeas 2 – Nays.

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Subcommittee #1

Meets on:  Monday at 8:30 a.m. in Shared Committee Room

Members:  Mark Keam (Chair),  Hala AyalaKathy ByronRonnie CampbellLee Carter,  Budd Fowler,   Kaye Kory,   Don Scott,  Lee Ware

Subcommittee #2

Meets on:  Monday at 8:30 a.m. in House Room 1

MembersSteve Heretick (Chair),   Lee Carter,  Sally Hudson,  Joe McNamaraMartha MuglerKathleen MurphyBobby OrrockCharles Poindexter,   Rip Sullivan,   Tommy Wright

Subcommittee #3

Meets on:   Friday at 7:30 a.m. in House Room 1

Members:  Rip Sullivan (Chair),  Todd GilbertSteve HeretickMark Keam,  Bobby Orrock,    Lee Ware,  Vivian  Watts

Bills in committee   

Bills reported out 

HB 1969 – Administration of blighted and derelict properties (January 27, 2021)

  • Delegate Carr sponsored a bill that which modifies the definition of “qualifying locality” to include any locality with a score of 100 or higher on the fiscal stress index.
  • Voted to report bill 16 – Yeas 0 – Nays.

HB 2293 – Local gas severance tax; extends sunset date (January 27, 2021)

  • Delegate Morefield sponsored a bill that which extends the sunset date from January 1, 2022 to January 1, 2024 to impose an additional local gas severance tax.
  • Voted to report bill 21 – Yeas 0 – Nays.

HB 2006 – Energy storage systems; tax exemptions (January 27, 2021)

  • Delegate Heretick sponsored a bill that which emphasizes that energy storage systems are a separate class of property and exempt from state and local taxation.
  • Voted to report bill with substitute 18 – Yeas 2 – Nays 1 – Abs.

HB 2269 – Solar energy revenue share for projects (January 27, 2021)

  • Delegate Heretick sponsored a bill that which provides that every five years the maximum amount of the revenue that a locality may impose on certain solar energy projects shall be adjusted by the CPI-U.
  • Voted to report bill with substitute 18 – Yeas 2 – Nays.

HB 1763 – Tax credit; agricultural best management practices (January 27, 2021)

  • Delegate Heretick sponsored a bill that which allows the creation of an enhanced individual corporate income tax beginning in taxable year 2021 for agricultural best management practices.
  • Voted to report bill and refer to Appropriations Committee 21 – Yeas 0 – Nays.

HB 1884 – Facilitated enrollment program (January 27, 2021)

  • Delegate Sickles sponsored a bill that which directs the Department of Taxation to include space on individual income tax forms for voluntary inclusion of personal and contract information
  • Voted to report bill with technical amendments 19 – Yeas 2 – Nays.

HB 1899 – Coal tax credits; sunset date (January 27, 2021)

  • Delegate Hudson sponsored a bill that which extends the Coal Employment and Production INcentive Tax Credit and Coalfield Employment Enhancement Tax Credit after tax year 2020.
  • Vote to report bill with substitute 13 – Yeas 8 – Nays.

 

 

Bills passed

  • HB 1763 Tax credit; agricultural best management practices. Creates an enhanced individual and corporate income tax credit for taxable years 2021 through 2024 for the implementation of certain agricultural best management practices by the taxpayer that are required as part of a certified resource management plan. The enhanced tax credit is equal to 50 percent of the first $100,000 expended in implementing certain agricultural best management practices, and each amount shall be consistent with the rate offered for each eligible practice under the Virginia Agricultural Best Management Practices Cost-Share Program. The bill retains a tax credit for 25 percent of expenses made for all other agricultural best management practices that are not eligible for the enhanced credit rate but increases the maximum amount of expenses to which one can apply the 25 percent credit from $70,000 to $100,000. A taxpayer may not claim credit for the same practice in the same management area under both the 25 percent and enhanced 75 percent credits. The aggregate amount of credit claimed per taxpayer shall not exceed $75,000 per year, and the aggregate amount of individual and corporate credits claimed among all taxpayers and credits shall not exceed $2 million per year. The bill sunsets the existing agricultural best management practices tax credits after taxable year 2024. This bill is identical to SB 1162.
  • HB 1774 Tangible personal property taxes;classification of certain motor vehicles, trailers, & semitrailers. Provides that the separate class of property for rate purposes that includes motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used by a motor carrier engaged in interstate commerce on a for-hire basis shall also include such vehicles used to transport passengers. Under current law, this class of property only includes such vehicles if they are used to transport property.
  • HB 1800 Budget Bill. Budget Bill.  Amends Chapter 56 of the 2020 Special Session I Acts of Assembly.
  • HB 1899 Coal tax credits; sunset dates. Sunsets the Coal Employment and Production Incentive Tax Credit and Coalfield Employment Enhancement Tax Credit after tax year 2021 and prohibits the allocation of such credits on and after January 1, 2022. The bill provides that if Coal Employment and Production Incentive tax credits were earned prior to January 1, 2022, the credit holder may claim the credits in subsequent tax years pursuant to the applicable carryover requirements of current law; however, such credit holders would be limited to claiming $1 million in carryover credits per taxable year. The bill directs the Department of Mines, Minerals and Energy to convene a stakeholder process to report by December 1, 2021, on recommendations for how the Commonwealth can provide economic transition support to the coalfield region. This bill is identical to SB 1252.
  • HB 1916 Research and development tax credits. Provides that the research and development expenses tax credit and the major research and development expenses tax credit shall be available against the bank franchise tax for taxable years beginning on and after January 1, 2021. Under current law, the credits are available only against the individual and corporate income tax. This bill is identical to SB 1112.
  • HB 1935 Income tax, state; conformity with the Internal Revenue Code. Advances Virginia’s date of conformity with the Internal Revenue Code from December 31, 2019, to December 31, 2020. The bill adds exceptions to such conformity for suspension of the overall limitation on itemized deductions and the reduction in the medical expense deduction floor for taxable year 2017 and taxable years on and after January 1, 2019, and for the provisions of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, and the limitation on business interest. The bill also includes an individual income tax deduction in taxable year 2020 for business expenses funded with forgiven Paycheck Protection Program loans up to $25,000 and an individual income tax subtraction in taxable year 2020 for up to $25,000 in Rebuild Virginia grants.
  • HB 1969 Administration of blighted and derelict properties; modifies definition of “qualifying locality.” Modifies the definition of “qualifying locality” to include any locality with a score of 100 or higher on the fiscal stress index, as published by the Department of Housing and Community Development in July 2020. Under current law, a qualifying locality is one with a score of 107 or higher on the fiscal stress index, as published by the Department using revised data for 2017. Qualifying localities are able to (i) classify blighted and derelict properties as a separate class of taxable property and assess such property at a higher rate and (ii) sell delinquent tax lands six months after the locality has incurred abatement costs for buildings that have been condemned, constitute a nuisance, are a derelict building, or are declared to be blighted. The bill adds qualifying localities to the list of localities that have different requirements for having a special commissioner appointed to convey tax-delinquent real estate to the locality in lieu of a public sale at auction.
  • HB 1979 Electric vehicle rebate program; creation and funding, report, sunset date. Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy. A purchaser or lessee of a new or used electric vehicle would receive a $2,500 rebate at the time of purchase, and a purchaser or lessee with an annual household income that does not exceed 300 percent of the federal poverty level would be entitled to an additional $2,000 rebate for a new electric vehicle and $500 for a used electric vehicle beginning in taxable year 2022. The bill also establishes an Electric Vehicle Rebate Advisory Council to oversee the Electric Vehicle Rebate Program and to make recommendations regarding its implementation. The Director of the Department of Mines, Minerals and Energy is required to report annually to the Governor and the General Assembly regarding the Program. The program expires on January 1, 2027.
  • HB 1999 Tax Commissioner; waiver of accrual of interest in the event that Gov. declares state of emergency. Authorizes the Tax Commissioner to waive interest for any class of taxpayers when he finds that imposing interest has caused, or would cause, undue hardship to such class of taxpayers because of a natural disaster or other reason. The bill allows the Tax Commissioner to grant such waiver only if the Governor declares a state of emergency in the Commonwealth with respect to such natural disaster or other reason.
  • HB 2006 Energy storage systems; definitions, tax exemption, revenue share for systems. Declares that energy storage systems are included in the definition of certified pollution control equipment and facilities, making energy storage systems exempt from state and local taxation. The bill defines “energy storage system” as equipment, facilities, or devices that are capable of absorbing energy, storing it for a period of time, and redelivering that energy after it has been stored. The tax exemption applies only to certain projects with alternating current (AC) storage capacity of more than five megawatts and less than 150 megawatts.
  • HB 2059 Delinquent returns; enforcement, when approval required. Requires the Department of Taxation to request taxpayers who have failed to file tax returns when due to prepare and file such returns except where there is an indication that the taxpayer willfully failed to file the required returns or if there is an indication of fraud. All delinquent returns submitted by the taxpayer shall be enforced pursuant to factors outlined in the bill and through delinquency procedures for not more than six years of the taxpayer’s returns. The approval of a manager designated by the Commissioner is required if the enforcement activity exceeds the six-year period.
  • HB 2060 Online portal for tax practitioners; Department of Taxation shall analyze prospect of establishing. Directs the Department of Taxation to analyze the prospect of establishing an online portal allowing access to taxpayer information for tax practitioners who possess a valid Power of Attorney and Declaration of Representative form for each client for whom such tax practitioner seeks to access such taxpayer information. The Department shall examine similar systems from the Internal Revenue Service or other states and also analyze cybersecurity concerns in such systems. The bill requires a report to the General Assembly no later than January 1, 2021.
  • HB 2118 Virginia Electric Vehicle Grant Fund and Program; created, report. Establishes the Electric Vehicle Grant Fund and Program for the purpose of (i) awarding grants on a competitive basis to public school divisions for (a) assisting with costs of replacing diesel school buses with electric school buses; (b) the implementation of recharging infrastructure or other infrastructure needed to charge or maintain such electric school buses; and (c) workforce development and training to support the maintenance, charging, and operation of such electric school buses and (ii) projects by public, private, and non-profit Virginia entities to assist with replacing diesel-fueled vehicles and machinery with electric vehicles.  No allocation of funds shall be made to the Fund or the Program unless federal or nonstate funds are available to cover the entire cost of such allocation. The bill contains provisions relating to grant applications, priority, awards, and uses.  The Department of Environmental Quality shall convene a stakeholder workgroup to develop recommendations for establishing and administering the Fund and Program and shall report the workgroup findings to the General Assembly.
  • HB 2185 Retail Sales and Use Tax; exemption for personal protective equipment. Establishes a retail sales and use tax exemption for personal protective equipment, defined in the bill. The exemption is available to any business that has in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and that meets other criteria. The exemption sunsets on the first day following the expiration of the last executive order issued by the Governor related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board. The bill contains an emergency clause and is identical to SB 1403.
  • HB 2273 Data centers; sales and use tax exemption, criteria, report. Reduces to four new jobs, for purposes of qualifying for the sales and use tax exemption for data centers, the job creation requirement for a data center in a distressed locality. Under current law, such data centers must create at least 25 new jobs. The bill lowers the amount of investment needed to qualify for the exemption from $150 million to $1.9 million for data centers that qualify for the reduced jobs requirement. The bill also redefines what criteria are used to identify a distressed locality such that a locality qualifies as distressed if it has an unemployment rate that is greater than the statewide unemployment rate and it also has a poverty rate that exceeds the statewide poverty rate. The bill requires all data centers claiming the exemption to submit an annual report detailing certain information to the Virginia Economic Development Partnership Authority (the Authority). Finally, the requires the Department of Taxation (the Department), in collaboration with the Authority to publish a biennial report on the exemption. Such report by the Department shall not include any unaggregated or other information that could be used to identify a business or individual.
  • HB 2293 Local gas severance tax; extends sunset date. Extends the sunset date from January 1, 2022, to January 1, 2024, for authority to impose an additional local gas severance tax that is dedicated to (i) the local Coal and Gas Road Improvement Fund; (ii) the Virginia Coalfield Economic Development Fund; and (iii) water, sewer, and natural gas systems and lines.

Commissions & Boards

Joint Legislative Audit & Review Commission

Source: Webpage

The Joint Legislative Audit and Review Commission (JLARC) is a key component of the legislative oversight function in Virginia. Legislative oversight is an important part of government accountability. It is how the Virginia General Assembly ensures that the funds it has appropriated are used effectively and efficiently by state and local agencies. Legislative oversight is also how the General Assembly assesses the performance of the agencies and programs it creates.

Auditor of Public Accounts (APA)

Source: Website

The Auditor of Public Accounts (APA) is the legislative external auditor for the Commonwealth of Virginia’s agencies, colleges, universities and municipal courts.

Governor’s Advisory Council on Revenue Estimates

Source: Webpage

Review revenue estimates with respect to economic assumptions and the general climate of the Commonwealth.

Joint Subcommittee on Local Government Fiscal Stress

Source: Webpage

The goals and objectives of the Joint Subcommittee will be to review (i) savings opportunities from increased regional cooperation and consolidation of services, including by jointly operating or merging small school divisions; (ii) local responsibilities for service delivery of state-mandated or high priority programs, (iii) causes of fiscal stress among local governments, (iv) potential financial incentives and other governmental reforms to encourage increased regional cooperation; and (v) the different taxing authorities of cities and counties.

Joint Subcommittee to Evaluate Tax Preferences

Source: Webpage

To oversee the evaluation of Virginia’s tax preferences, including but not limited to tax credits, deductions, subtractions, exemptions, and exclusions.

Board of Trustees Veterans Services Foundation

Source: Webpage

The Foundation shall (i) administer the Veterans Services Fund (the Fund), (ii) provide funding for veterans services and programs in the Commonwealth through the Fund, and (iii) raise revenue from all sources including private source fundraising to support the Fund.

X
General Laws Committee 1General Laws Committee

Meets on: Tuesday and Thursday at 1/2 hour after adjournment in House Room 3

MembersDavid Bulova (Chair) – Dawn Adams – Lashrecse Aird – Emily Brewer – Betsy Carr – Mark Cole – Buddy Fowler – Kelly Fowler – Chris Hurst – Barry Knight – Paul Krizek – Jay Leftwich – Jason Miyares – Will Morefield – Kathleen Murphy – Marcia Price – Marcus Simon – Luke Torian – Kathy Tran –  Schuyler VanValkenburg – Will Wampler  – Tommy Wright

13 Democrats and 9 Republicans

Subcommittees:

  • ABC/Gaming
  • Housing/Consumer Protection
  • Open Government/Procurement
  • Professions/Occupations and Administrative Process

Below is a short summary by Chair David Bulova about what the General Laws committee does.

General Laws Committee - Host, Delegate David Bulova
May 12, 2021 – 6:00 pm to 6:55 pm (ET)

https://www.youtube.com/watch?v=o3CGtGh4k-0

This aircast was focused on the recent activities of House General Laws committee. A recording of this livestream is also archived in our Virginia onAir YouTube channel. The links below will open the YouTube video as a new tab and start at the designated time.

00:00 Jordan Toledo, Aircast Curator, introduces aircast

0:39 Jordan Toledo introduces Delegate David Bulova, Chair of the Virginia House of Delegates General Laws Committee

1:35 David Bulova explains what the General Laws Committee does

7:23 Delegate Betsy Carr, Chair of the Open Government/Procurement Subcommittee, discusses her committee’s activities

11:25 Delegate Chris Hurst, Chair of the Professions/Occupations and Administrative Process Subcommittee discusses his committee’s activitie

19:10 What happens when General Assembly is not in session

24:51 Megan Rhyne, Executive Director, Virginia Council for Open Government … Question for all 3 delegates …What can be done to cut down on the number of bills that are left in committee without receiving a hearing?

31:45 Nanayaa Obeng, Senior Global Politics major at GMU and Democracy onAir intern … Question for David Bulova … How have the universities addressed HB 1529 promoting greater transparency for donations?

35:15 Todd Gillette, Democracy onAir Chair with a PhD from GMU … Question for Betsy Carr and Chris Hurst …. What are your views on the Freedom of Information Act bills passed this year, HB 1931, expanding the use of virtual meetings, and HB 2004, expanding the required release of certain information related to criminal investigations? Also, are there related issues you would like to address in 2022?

45:07 Dr. Meredith Cary, Virginia resident and one of Delegate Bulova’s constituents … A “thank you” addressed to all delegates … As a licensed psychologist in Virginia, I would like to voice appreciation for the State’s being at the forefront for taking legislation action (April 2020) to extend telepsychology services to non-Virginia licensed psychologists for telehealth.

47:00 Closing

50:40 Short demo of how to find information about the General Laws Committee and the Delegates

Curator:

Host:

Featured Guest(s):

  • Delegate Betsy Carr, Chair, Open Government/Procurement Subcommittee – DelBCarr@house.virginia.gov

  • Delegate Chris Hurst, Chair, Professions/Occupations and Administrative Process Subcommittee – DelCHurst@house.virginia.gov

Producer:

Lead Sponsor: US onAir Network

Delegate David Bulova explains what the General Laws committee does
Virginia onAir YouTube ChannelMay 12, 2021 (05:42)
i
General Laws bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1811: Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods
  • HB 1812: Casino gaming; technical amendments.
  • HB 1816: Property Owners’ Association Act/Condominium Act; use of electronic means for meetings and voting.
  • HB 1824: Virginia Residential Property Disclosure Act; required disclosures for buyer to beware, mold.
  • HB 1830: Virginia Small Business Financing Authority; members to have small business lending experience
  • HB 1842: Property owners’ associations & unit owners’ associations; rulemaking authority concerning smoking
  • HB 1843: Charitable gaming; increase in certain maximum allowable prize amounts
  • HB 1845: Alcoholic beverage control; license fee reform
  • HB 1847: Sports betting; clarifies certain procedures
  • HB 1848: Virginia Human Rights Acts; adds discrimination on the basis of disability
  • HB 1849: Apprenticeship training programs; DOLI, DGS, et al., shall review availability of programs
  • HB 1864: Virginia Human Rights Act; expands definition of employer
  • HB 1876: Workforce development; expands type of data sharing
  • HB 1879: Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
  • HB 1889: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement
  • HB 1891: Annual safety and disaster awareness training; DHRM, et al., to develop an online training module
  • HB 1900: Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit
  • HB 1931: Virginia Freedom of Information Act; public body authorized to conduct electronic meetings
  • HB 1943: Charitable Gaming Board; regulations, electronic pull tabs
  • HB 1944: Casino gaming; requirements for issuance of operator’s license, human trafficking training
  • HB 1967: Virginia Jobs Investment Program and Fund; minimum wage requirements
  • HB 1971: Virginia Fair Housing Law; reasonable accommodations, disability-related requests for parking
  • HB 1973: Alcoholic beverage control; privileges of banquet licensees
  • HB 1981: Virginia Residential Landlord and Tenant Act; access to dwelling unit during certain emergencies
  • HB 1993: State agencies and their appointing authorities; diversity, equity, and inclusion strategic plans
  • HB 2001: State and local buildings, certain; building standards
  • HB 2004: Virginia Freedom of Information Act; law-enforcement criminal incident information, criminal files
  • HB 2014: Virginia Residential Landlord and Tenant Act; landlord’s acceptance of rent with reservation
  • HB 2025: Virginia FOIA; record exclusion for personal contact information provided to a public body
  • HB 2029: Fire training activities; prohibition on the use of certain oriented strand board
  • HB 2031: Facial recognition technology; authorization of use by local law-enforcement agencies, etc
  • HB 2046: Virginia Fair Housing Law; unlawful discriminatory housing practices
  • HB 2054: Comprehensive plan; provision for transit-oriented development
  • HB 2072: Virginia Good Neighbor Next Door program; VHDA shall report recommendations for creating Program
  • HB 2085: Emergency Services and Disaster Law; local and interjurisdictional emergency operations plans
  • HB 2130: Virginia LGBTQ+ Advisory Board; established, report
  • HB 2131: Alcoholic beverage control; license application, locality input
  • HB 2140: Alternative application for employment for persons with a disability; DHRM to create a process
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
  • HB 2161: Active military or a military spouse; prohibits discrimination in public accommodations, etc
  • HB 2170: Virginia Small Business Financing Authority; risk-based review of outstanding loans
  • HB 2171: Virginia Small Business Financing Authority; utilization or award of loan and grant program funds
  • HB 2172: Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification
  • HB 2175: Homeowners and tenants of manufactured home parks; housing protections, foreclosures, etc
  • HB 2202: Elevator mechanic or accessibility mechanic, certain; exemption from certification
  • HB 2222: Military medical personnel program; facilities that offer medical services to public, etc
  • HB 2227: Uniform Statewide Building Code; amendments, energy efficiency and conservation
  • HB 2229: Virginia Residential Landlord and Tenant Act; responsibilities of real estate brokers, etc
  • HB 2249: Virginia Residential Landlord and Tenant Act; landlord charges for security deposits
  • HB 2266: Alcoholic beverage control; outdoor refreshment area license
  • HB 2307: Consumer Data Protection Act; personal data rights of consumer, etc
  • HB 2308: Veterans of Foreign Wars, American Legion, etc.; quantity of land certain associations may hold
  • HB 2312: Marijuana; legalization of simple possession, etc
  • HB 2320: Real property; required disclosures for buyer to exercise due diligence, flood risk report
  • HB 2321: Labor, Secretary of; position created in Governor’s Cabinet
  • HB 2322: Opioid Abatement Authority; established, report
  • HB 2327: Prevailing wage rate; clarifies that public works includes transportation infrastructure projects
i
General Laws Committee 2021 hearings
House streaming archives

Standing Committee1/14 1/19  1/21  1/26.1  1/26.2  1/28  1/30  2/2  2/8  2/11   2/16  2/18

Subcommittees:
ABC/Gaming: 1/19  1/26  1/28  1/30  2/16
Housing/Consumer Protection: 1/21  1/28  2/11
Open Government/Procurement: 1/19   1/26  2/2  2/16
Professions/Occupations and Administrative Process: 1/21  1/28  2/11

To make the case for why Virginia’s public-records law needs to work better for reporters and citizens alike, Del. Danica Roem told the story of a constituent, Stephanie Minor, who Roem said spent seven months fighting Prince William County Public Schools for access to video footage showing her autistic daughter being dragged off a school bus.

For Minor to see what had happened, the school system wanted her to pay $2,500, down from an initial estimate of $8,800 for the video and staff emails, to cover its costs of producing the video and redacting it to blur out other students.

“I could get an intern at George Mason University to do it for 10 bucks,” Roem, a former journalist and Democrat from Manassas who has made FOIA reform a priority issue, told the Virginia FOIA Advisory Council’s records subcommittee Tuesday.

Did Virginia lawmakers accidentally vote to legalize skill games for another year?
Virginia Mercury, Graham MoomawMarch 16, 2021 (Medium)

After giving so-called skill games another year to operate in Virginia late in the 2020 General Assembly session, legislators seemed to decide the time has come to pull the plug on thousands of slots-like gambling machines that have proliferated in convenience stores, restaurants and truck stops all over the state.

But some statehouse watchers think lawmakers may have actually voted to do the opposite.

Confusion recently spread among gambling lobbyists over a little-noticed provision attached to a bill that, on its face, makes it easier for officials to crack down on unregulated gambling.

That language, included at the end of a conference report lawmakers approved overwhelmingly last month in the closing days of the session, appears to create an exception for operators of charitable games like bingo, raffles and poker tournaments, specifying that some activity potentially impacted by the bill can continue until June 30, 2022.

The clause also covers other “regulated gaming” in existence as of February, a category that, if interpreted to mean skill games, could give the industry another year of life.

Virginia House lawmakers advanced Senate legislation to legalize recreational marijuana, but amended the legislation to conform to the House version—the Senate is expected to do the same and eventually send the bill to a conference committee comprised of lawmakers from both chambers.

Substitute Senate Bill 1406, the House version, advanced through the Democrat-controlled House General Laws Committee on a 16-5 vote. Both bills legalize the recreational cultivation, sale and use of marijuana with sales beginning in 2024. They would allow the sale to any person 21 years or older and require ID checks, similar to alcohol sale requirements.

A key area in which the two bills differ surrounds local government authority. In the Senate’s version, localities could prohibit the retail sale of marijuana within their jurisdiction, while in the Senate bill, there is no opt-out clause, but retail sales would still be subject to local zoning regulations.

Legislation aiding localities on criminal blight moves ahead in Richmond
InsideNOVA, Scott McCaffreyFebruary 10, 2021 (Medium)

“We are helping localities,” Lopez said during a hearing on the bill conducted by a subcommittee of the House Committee on General Laws.

The measure, if enacted into law, will have ramifications statewide. But its genesis was in the lengthy battle between the Arlington County government and ABC on one side and a (since-closed) Columbia Pike nightclub on the other.

The bill is “the culmination of years of enforcement actions . . . at one site,” said Lopez, who cited “repeated ABC violations, fights, disorderly conduct, drug deals, destruction of property” and, perhaps the tipping point, a shooting last June that left one person dead and two others injured.

In remarks to the subcommittee, Lopez said the problems in corraling behavior at  the establishment were not the result of ABC officials being lax. The state agency “has been very responsive,” he said.

Not so much ‘outright awful’: A round-up FOIA legislation in the 2021 session
Virginia Mercury, Megan RhyneJanuary 22, 2021 (Short)

• HB 1931 (Del. Mark Levine) would expand the number of times and opportunities an individual member of a public body can call into a meeting instead of meeting face-to-face with the public or his/her colleagues. While acknowledging there’s room for some flexibility, VCOG has consistently stated its opposition to broad expansion.

• HB 2025 (Del. Wendy Gooditis) would expand an exemption for mailing lists of people who sign up for email blasts from their government to also include blasts from members of a public body.

• HB 2004 is Del. Chris Hurst’s bill to provide some access to criminal investigative files that are not ongoing.

All three have advanced from the House General Laws subcommittee on Open Government and Procurement. The first two were unanimous votes, the third bill passed on a party-line vote, 6-3.

A similar bill, sponsored by Del. Schuyler VanValkenburg, D-Henrico, came close to passing in 2020 but failed late. That version would have mainly enacted a state-level preclearance requirement routed through the attorney general’s office.

The bill that passed this year gives localities a choice of either asking the attorney general’s office to sign off within 60 days or publicizing the proposed change in their own community and allowing a public comment period of at least 30 days followed by another 30-day waiting period.

During the waiting period, any person potentially affected by the proposal would have the right to challenge it in court.

Summary

Meets on: Tuesday and Thursday at 1/2 hour after adjournment in House Room 3

MembersDavid Bulova (Chair) – Dawn Adams – Lashrecse Aird – Emily Brewer – Betsy Carr – Mark Cole – Buddy Fowler – Kelly Fowler – Chris Hurst – Barry Knight – Paul Krizek – Jay Leftwich – Jason Miyares – Will Morefield – Kathleen Murphy – Marcia Price – Marcus Simon – Luke Torian – Kathy Tran –  Schuyler VanValkenburg – Will Wampler  – Tommy Wright

13 Democrats and 9 Republicans

Subcommittees:

  • ABC/Gaming
  • Housing/Consumer Protection
  • Open Government/Procurement
  • Professions/Occupations and Administrative Process

Below is a short summary by Chair David Bulova about what the General Laws committee does.

News

General Laws Committee – Host, Delegate David Bulova
May 12, 2021 – 6:00 pm to 6:55 pm (ET)

This aircast was focused on the recent activities of House General Laws committee. A recording of this livestream is also archived in our Virginia onAir YouTube channel. The links below will open the YouTube video as a new tab and start at the designated time.

00:00 Jordan Toledo, Aircast Curator, introduces aircast

0:39 Jordan Toledo introduces Delegate David Bulova, Chair of the Virginia House of Delegates General Laws Committee

1:35 David Bulova explains what the General Laws Committee does

7:23 Delegate Betsy Carr, Chair of the Open Government/Procurement Subcommittee, discusses her committee’s activities

11:25 Delegate Chris Hurst, Chair of the Professions/Occupations and Administrative Process Subcommittee discusses his committee’s activitie

19:10 What happens when General Assembly is not in session

24:51 Megan Rhyne, Executive Director, Virginia Council for Open Government … Question for all 3 delegates …What can be done to cut down on the number of bills that are left in committee without receiving a hearing?

31:45 Nanayaa Obeng, Senior Global Politics major at GMU and Democracy onAir intern … Question for David Bulova … How have the universities addressed HB 1529 promoting greater transparency for donations?

35:15 Todd Gillette, Democracy onAir Chair with a PhD from GMU … Question for Betsy Carr and Chris Hurst …. What are your views on the Freedom of Information Act bills passed this year, HB 1931, expanding the use of virtual meetings, and HB 2004, expanding the required release of certain information related to criminal investigations? Also, are there related issues you would like to address in 2022?

45:07 Dr. Meredith Cary, Virginia resident and one of Delegate Bulova’s constituents … A “thank you” addressed to all delegates … As a licensed psychologist in Virginia, I would like to voice appreciation for the State’s being at the forefront for taking legislation action (April 2020) to extend telepsychology services to non-Virginia licensed psychologists for telehealth.

47:00 Closing

50:40 Short demo of how to find information about the General Laws Committee and the Delegates

Curator:

Host:

Featured Guest(s):

  • Delegate Betsy Carr, Chair, Open Government/Procurement Subcommittee – DelBCarr@house.virginia.gov

  • Delegate Chris Hurst, Chair, Professions/Occupations and Administrative Process Subcommittee – DelCHurst@house.virginia.gov

Producer:

Lead Sponsor: US onAir Network

Delegate David Bulova explains what the General Laws committee does
Virginia onAir YouTube ChannelMay 12, 2021 (05:42)
i
General Laws bills passed by the General Assembly
Virginia Legislative Information System

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1811: Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods
  • HB 1812: Casino gaming; technical amendments.
  • HB 1816: Property Owners’ Association Act/Condominium Act; use of electronic means for meetings and voting.
  • HB 1824: Virginia Residential Property Disclosure Act; required disclosures for buyer to beware, mold.
  • HB 1830: Virginia Small Business Financing Authority; members to have small business lending experience
  • HB 1842: Property owners’ associations & unit owners’ associations; rulemaking authority concerning smoking
  • HB 1843: Charitable gaming; increase in certain maximum allowable prize amounts
  • HB 1845: Alcoholic beverage control; license fee reform
  • HB 1847: Sports betting; clarifies certain procedures
  • HB 1848: Virginia Human Rights Acts; adds discrimination on the basis of disability
  • HB 1849: Apprenticeship training programs; DOLI, DGS, et al., shall review availability of programs
  • HB 1864: Virginia Human Rights Act; expands definition of employer
  • HB 1876: Workforce development; expands type of data sharing
  • HB 1879: Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
  • HB 1889: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement
  • HB 1891: Annual safety and disaster awareness training; DHRM, et al., to develop an online training module
  • HB 1900: Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit
  • HB 1931: Virginia Freedom of Information Act; public body authorized to conduct electronic meetings
  • HB 1943: Charitable Gaming Board; regulations, electronic pull tabs
  • HB 1944: Casino gaming; requirements for issuance of operator’s license, human trafficking training
  • HB 1967: Virginia Jobs Investment Program and Fund; minimum wage requirements
  • HB 1971: Virginia Fair Housing Law; reasonable accommodations, disability-related requests for parking
  • HB 1973: Alcoholic beverage control; privileges of banquet licensees
  • HB 1981: Virginia Residential Landlord and Tenant Act; access to dwelling unit during certain emergencies
  • HB 1993: State agencies and their appointing authorities; diversity, equity, and inclusion strategic plans
  • HB 2001: State and local buildings, certain; building standards
  • HB 2004: Virginia Freedom of Information Act; law-enforcement criminal incident information, criminal files
  • HB 2014: Virginia Residential Landlord and Tenant Act; landlord’s acceptance of rent with reservation
  • HB 2025: Virginia FOIA; record exclusion for personal contact information provided to a public body
  • HB 2029: Fire training activities; prohibition on the use of certain oriented strand board
  • HB 2031: Facial recognition technology; authorization of use by local law-enforcement agencies, etc
  • HB 2046: Virginia Fair Housing Law; unlawful discriminatory housing practices
  • HB 2054: Comprehensive plan; provision for transit-oriented development
  • HB 2072: Virginia Good Neighbor Next Door program; VHDA shall report recommendations for creating Program
  • HB 2085: Emergency Services and Disaster Law; local and interjurisdictional emergency operations plans
  • HB 2130: Virginia LGBTQ+ Advisory Board; established, report
  • HB 2131: Alcoholic beverage control; license application, locality input
  • HB 2140: Alternative application for employment for persons with a disability; DHRM to create a process
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
  • HB 2161: Active military or a military spouse; prohibits discrimination in public accommodations, etc
  • HB 2170: Virginia Small Business Financing Authority; risk-based review of outstanding loans
  • HB 2171: Virginia Small Business Financing Authority; utilization or award of loan and grant program funds
  • HB 2172: Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification
  • HB 2175: Homeowners and tenants of manufactured home parks; housing protections, foreclosures, etc
  • HB 2202: Elevator mechanic or accessibility mechanic, certain; exemption from certification
  • HB 2222: Military medical personnel program; facilities that offer medical services to public, etc
  • HB 2227: Uniform Statewide Building Code; amendments, energy efficiency and conservation
  • HB 2229: Virginia Residential Landlord and Tenant Act; responsibilities of real estate brokers, etc
  • HB 2249: Virginia Residential Landlord and Tenant Act; landlord charges for security deposits
  • HB 2266: Alcoholic beverage control; outdoor refreshment area license
  • HB 2307: Consumer Data Protection Act; personal data rights of consumer, etc
  • HB 2308: Veterans of Foreign Wars, American Legion, etc.; quantity of land certain associations may hold
  • HB 2312: Marijuana; legalization of simple possession, etc
  • HB 2320: Real property; required disclosures for buyer to exercise due diligence, flood risk report
  • HB 2321: Labor, Secretary of; position created in Governor’s Cabinet
  • HB 2322: Opioid Abatement Authority; established, report
  • HB 2327: Prevailing wage rate; clarifies that public works includes transportation infrastructure projects
i
General Laws Committee 2021 hearings
House streaming archives

Standing Committee1/14 1/19  1/21  1/26.1  1/26.2  1/28  1/30  2/2  2/8  2/11   2/16  2/18

Subcommittees:
ABC/Gaming: 1/19  1/26  1/28  1/30  2/16
Housing/Consumer Protection: 1/21  1/28  2/11
Open Government/Procurement: 1/19   1/26  2/2  2/16
Professions/Occupations and Administrative Process: 1/21  1/28  2/11

To make the case for why Virginia’s public-records law needs to work better for reporters and citizens alike, Del. Danica Roem told the story of a constituent, Stephanie Minor, who Roem said spent seven months fighting Prince William County Public Schools for access to video footage showing her autistic daughter being dragged off a school bus.

For Minor to see what had happened, the school system wanted her to pay $2,500, down from an initial estimate of $8,800 for the video and staff emails, to cover its costs of producing the video and redacting it to blur out other students.

“I could get an intern at George Mason University to do it for 10 bucks,” Roem, a former journalist and Democrat from Manassas who has made FOIA reform a priority issue, told the Virginia FOIA Advisory Council’s records subcommittee Tuesday.

Did Virginia lawmakers accidentally vote to legalize skill games for another year?
Virginia Mercury, Graham MoomawMarch 16, 2021 (Medium)

After giving so-called skill games another year to operate in Virginia late in the 2020 General Assembly session, legislators seemed to decide the time has come to pull the plug on thousands of slots-like gambling machines that have proliferated in convenience stores, restaurants and truck stops all over the state.

But some statehouse watchers think lawmakers may have actually voted to do the opposite.

Confusion recently spread among gambling lobbyists over a little-noticed provision attached to a bill that, on its face, makes it easier for officials to crack down on unregulated gambling.

That language, included at the end of a conference report lawmakers approved overwhelmingly last month in the closing days of the session, appears to create an exception for operators of charitable games like bingo, raffles and poker tournaments, specifying that some activity potentially impacted by the bill can continue until June 30, 2022.

The clause also covers other “regulated gaming” in existence as of February, a category that, if interpreted to mean skill games, could give the industry another year of life.

Virginia House lawmakers advanced Senate legislation to legalize recreational marijuana, but amended the legislation to conform to the House version—the Senate is expected to do the same and eventually send the bill to a conference committee comprised of lawmakers from both chambers.

Substitute Senate Bill 1406, the House version, advanced through the Democrat-controlled House General Laws Committee on a 16-5 vote. Both bills legalize the recreational cultivation, sale and use of marijuana with sales beginning in 2024. They would allow the sale to any person 21 years or older and require ID checks, similar to alcohol sale requirements.

A key area in which the two bills differ surrounds local government authority. In the Senate’s version, localities could prohibit the retail sale of marijuana within their jurisdiction, while in the Senate bill, there is no opt-out clause, but retail sales would still be subject to local zoning regulations.

Legislation aiding localities on criminal blight moves ahead in Richmond
InsideNOVA, Scott McCaffreyFebruary 10, 2021 (Medium)

“We are helping localities,” Lopez said during a hearing on the bill conducted by a subcommittee of the House Committee on General Laws.

The measure, if enacted into law, will have ramifications statewide. But its genesis was in the lengthy battle between the Arlington County government and ABC on one side and a (since-closed) Columbia Pike nightclub on the other.

The bill is “the culmination of years of enforcement actions . . . at one site,” said Lopez, who cited “repeated ABC violations, fights, disorderly conduct, drug deals, destruction of property” and, perhaps the tipping point, a shooting last June that left one person dead and two others injured.

In remarks to the subcommittee, Lopez said the problems in corraling behavior at  the establishment were not the result of ABC officials being lax. The state agency “has been very responsive,” he said.

Not so much ‘outright awful’: A round-up FOIA legislation in the 2021 session
Virginia Mercury, Megan RhyneJanuary 22, 2021 (Short)

• HB 1931 (Del. Mark Levine) would expand the number of times and opportunities an individual member of a public body can call into a meeting instead of meeting face-to-face with the public or his/her colleagues. While acknowledging there’s room for some flexibility, VCOG has consistently stated its opposition to broad expansion.

• HB 2025 (Del. Wendy Gooditis) would expand an exemption for mailing lists of people who sign up for email blasts from their government to also include blasts from members of a public body.

• HB 2004 is Del. Chris Hurst’s bill to provide some access to criminal investigative files that are not ongoing.

All three have advanced from the House General Laws subcommittee on Open Government and Procurement. The first two were unanimous votes, the third bill passed on a party-line vote, 6-3.

A similar bill, sponsored by Del. Schuyler VanValkenburg, D-Henrico, came close to passing in 2020 but failed late. That version would have mainly enacted a state-level preclearance requirement routed through the attorney general’s office.

The bill that passed this year gives localities a choice of either asking the attorney general’s office to sign off within 60 days or publicizing the proposed change in their own community and allowing a public comment period of at least 30 days followed by another 30-day waiting period.

During the waiting period, any person potentially affected by the proposal would have the right to challenge it in court.

About

The aircast below was focused on the recent activities of House General Laws committee. A recording of this livestream is also archived in our Virginia onAir YouTube channel. The links below will open the YouTube video as a new tab and start at the designated time.

00:00 Jordan Toledo, Aircast Curator, introduces aircast

0:39 Jordan Toledo introduces Delegate David Bulova, Chair of the Virginia House of Delegates General Laws Committee

1:35 David Bulova explains what the General Laws Committee does

7:23 Delegate Betsy Carr, Chair of the Open Government/Procurement Subcommittee, discusses her committee’s activities

11:25 Delegate Chris Hurst, Chair of the Professions/Occupations and Administrative Process Subcommittee discusses his committee’s activitie

19:10 What happens when General Assembly is not in session

24:51 Megan Rhyne, Executive Director, Virginia Council for Open Government … Question for all 3 delegates …What can be done to cut down on the number of bills that are left in committee without receiving a hearing?

31:45 Nanayaa Obeng, Senior Global Politics major at GMU and Democracy onAir intern … Question for David Bulova … How have the universities addressed HB 1529 promoting greater transparency for donations?

35:15 Todd Gillette, Democracy onAir Chair with a PhD from GMU … Question for Betsy Carr and Chris Hurst …. What are your views on the Freedom of Information Act bills passed this year, HB 1931, expanding the use of virtual meetings, and HB 2004, expanding the required release of certain information related to criminal investigations? Also, are there related issues you would like to address in 2022?

45:07 Dr. Meredith Cary, Virginia resident and one of Delegate Bulova’s constituents … A “thank you” addressed to all delegates … As a licensed psychologist in Virginia, I would like to voice appreciation for the State’s being at the forefront for taking legislation action (April 2020) to extend telepsychology services to non-Virginia licensed psychologists for telehealth.

47:00 Closing

50:40 Short demo of how to find information about the General Laws Committee and the Delegates

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

ABC/Gaming Subcommittee

Meets on: Tuesday at 2 hours after adjournment of full committee in House Room 3

Members:  Paul Krizek (Chair),  Lashrecse Aird,  Chris HurstBarry Knight,  Jay Leftwich,  Will Morefield,   Luke Torian,   Schuyler VanValkenburg

Housing/Consumer Protection Subcommittee

Meets on:  Thursday at Upon adjournment of full committee in House Room 3

Members:  Marcus Simon (Chair),   Lashrecse Aird,  Emily BrewerBetsy Carr,   Buddy FowlerKelly Fowler,   Marcia Price,  Will Wampler,  Tommy Wright

Open Government/Procurement Subcommittee

Meets on:  Tuesday at Upon adjournment of full committee in House Room 3

Members:   Betsy Carr  (Chair),  Dawn Adams,  Barry KnightPaul KrizekJay LeftwichJason Miyares,  Will Morefield, Kathleen Murphy,  Kathy Tran

Below is a clip from Delegate Carr’s participation in the General Laws Committee aircast on May 12, 2021 about the Open Government/Procurement Subcommittee.

Professions/Occupations and Administrative Process Subcommittee

Meets on:  Thursday at 2 hours after adjournment of full committee in House Room 3

Members:  Chris Hurst(Chair),  Mark ColeBuddy FowlerKelly Fowler,  Jason Miyares Kathleen Murphy,  Marcus Simon,  Kathy Tran Schuyler VanValkenburg

Below are clips from Delegate Hurst’s participation in the General Laws Committee aircast on May 12, 2021. 

Bills

Bills in committee  

HB 1735: Expands the privileges of farm winery licensees by allowing them to sell at retail beer manufactured by limited brewery licensees for on-premises consumption. The bill also expands the privileges of limited brewery licensees by allowing them to sell at retail wine manufactured by farm winery licensees for on-premises consumption. Assigned to ABC/Gaming subcommittee

HB 1738: Defines “outdoor refreshment area” and permits the governing body of any locality in the Commonwealth to designate, by ordinance, up to three outdoor refreshment areas within such locality. The bill makes it that the consumption of alcoholic occurs within the outdoor refreshment area and is sold by the on-premises retailer with a license. The beverage may be no more than 16 fl oz and should clearly display the logo/name of the seller. Assigned to ABC/Gaming subcommittee

HB 1741: Requires any contract awarded by a state/local government agency to require the contractor to include in each of its subcontracts provisions that require the subcontractor to report to the contractor, monthly, (i) payroll records for all the subcontractor’s employees; (ii) records of all payments the subcontractors made to individual contractors; and (iii) the total number of individuals on the job site (includes the number classifies as employees/independent contractors. The contractor then has to compile the information and submit it in a monthly report to the Department of Labor and Industry. 

HB 1784: Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42% of small business use in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontract. The bill also provides for a small business set-aside for competition among all small businesses for states purchases up to $100,000 for goods, nonprofessional services, and construction and up to $80,000 for professional services. Lastly, it establishes the certification criteria for participating in the Program by business operations based on the total number of employees/annual gross receipts over the past three years. 

HB 1792: Exempts people bidding upon or performing services on a public contract with a unit of state government/political subdivision of the Commonwealth from licensure and certification requirements when working on the maintenance or repair of natural gas, propane, gasoline, or diesel-powered engines used as emergency power generators. 

HB 1809: Requires the Commissioner of Agriculture and Consumer Services to submit an annual written report to the Governor and the General Assembly, by October 1 of each year. The report must include the number of charitable or civic organizations, professional fund-raising counsel, and professional solicitors registered in Virginia; the number of contracts or agreements between such registered professional fund-raising counsel or professional solicitors and such registered charitable or civic organizations; and compensation paid, in relation to funds raised and administrative costs, to any professional fund-raising counsel or professional solicitor registered in Virginia by a charitable or civic organization registered in Virginia. Assigned in ABC/Gaming subcommittee

HB 1857: Exempts any locality with a population of more than 400,000 from the limitations on architectural and professional engineering contract single-project fees for environmental, location, design, and inspection work regarding highways and bridges. The current law exempts the Commissioner of Highways from such limitations and the exemption is continued in the bill.

HB 1880: Delays by one additional year, from July 1, 2021, to July 1, 2022, the prohibition on the play or offering for play of skill games that was instituted in the 2020 Regular Session. The bill decreases to 90% the total number of machines that a distributor may provide for play to truck stops and Virginia Alcoholic Beverage Control Authority retail licensees (ABC retail licensees) relative to the number of machines the distributor previously reported to the Virginia Alcoholic Beverage Control Authority (the Authority) on July 1, 2020. It caps the total number of skill games available to play at truck stops and by ABC retail licensees at no more than 20 and six. The bill extends the requirement that each distributor pay a monthly tax of $1,200 for each skill game provided for play during the previous month. Persons younger than 21 years of age are prohibited from playing skill games or redeeming winnings. 

HB 1946: Permits an operator, defined in the bill, to manage, operate, or conduct charitable gaming on behalf of a qualified organization or otherwise assist a qualified organization with the management, operation, or conduct of charitable gaming, provided that such operator obtains a license from the Department of Agriculture and Consumer Services and complies with all charitable gaming laws and regulations that would otherwise be applicable to such qualified organization related to the management, conduct, or operation of charitable gaming. 

HB 1974: Removes certain requirements from the exemption from licensure as an architect or professional engineer for persons who prepare plans, specifications, documents, and designs for conventional and alternative onsite sewage systems receiving residential wastewater. It specifically removes the requirement that any such plans, specifications, documents, or designs utilize packaged equipment generally, changes the allowable flow rate from 1,000 to 1,200 gallons per day, and removes stipulations related to the inclusion of pumps.

HB 1997: Increases from three to four the number of members of a public body meeting as an informal assemblage that constitutes a meeting under the Virginia Freedom of Information Act. Open Government/Procurement subcommittee recommended laying it on the table (7 Yes to 1 No)

HB 2051: Defines “outdoor refreshment area” and permits the governing body of any locality in the Commonwealth to designate, by ordinance, up to three outdoor refreshment areas within such locality. ABC/Gaming subcommittee recommended incorporating HB2266 by voice vote.

HB 2089: Requires that the reports, information, or documents of the Office of the State Inspector General that are required to be transmitted to the executive and legislative branches be transmitted concurrently.

HB 2127: Gives redevelopment and housing authorities greater flexibility in naming an authority.

HB 2136: Creates a mobile retailer license, which authorizes the licensee to sell wine and beer during events within designated areas for on-premises consumption or in closed containers for off-premises consumption. The bill requires such licensees to (i) comply with any requirements or limitations imposed by the Board of Directors of the Virginia Alcoholic Beverage Control Authority and (ii) serve food, prepared on or off-premises, whenever wine or beer is served. ABC/Gaming subcommittee recommended laying it on the table (7 Yes to 1 No)

HB 2183: Requires the Department of Small Business and Supplier Diversity (the Department) to publish on its website, by November 1 of each year, a resource to assist small businesses in the Commonwealth to navigate recent changes in the law impacting small businesses. 

HB 2237: Requires every public body, prior to requiring bidders, offerors, contractors, subcontractors, or operators on contracts for the design or construction of a road, highway, bridge, or similar transportation improvement to enter into, become or remain signatories to, or adhere to project labor agreements, to make a written determination that requires such bidders, offerors, contractors, subcontractors, or operators to advance the public’s interests based on objective criteria established by the public body by regulation or ordinance, such as cost, efficiency, quality, safety, timeliness, maintenance of a skilled labor force, labor stability, or advancing minority-owned and women-owned business participation in the project.

HB 2246: Requires all state agencies with more than 20 full-time teleworking employees to use automatic workforce management verification software to verify the hours employees worked while teleworking by counting and reporting to the agency all keystroke, mouse event, and screenshot data.

HB 2259:  Provides that the Governor may issue a license of the kind granted by a regulatory board under the Department of Professional and Occupational Regulation or the Department of Health Professions to any person whose application for such license to such board has been denied. Open Government/Procurement subcommittee recommended laying it on the table (8 Yes to 0 No)

HB 2279: Prohibits the Board for Contractors from requiring continuing education as a prerequisite to renewal of any certificate or license issued under its authority.

HB 2297: Allows retail off-premises and on-and-off premises wine and beer licensees to transfer wine from one licensed place of business to another, subject to certain requirements.

SB 1110: Provides that the State Corporation Commission may share information collected from a settlement agent or agency regarding any errors and omissions or malpractice insurance policy or surety bond with any party to the real estate transaction in connection with the actions of such agent or agency arising out of a settlement.

SB 1150: Establishes the position of Military Spouse Liaison (the Liaison) in the Department of Veterans Services to conduct outreach and advocate on behalf of military spouses in the Commonwealth. 

SB 1171:  Requires the executive director and members of each industrial development authority and economic development authority, as created by the Industrial Development and Revenue Bond Act, in a locality with a population in excess of 25,000 or in a region serving more than one locality that has a population of more than 25,000 to file a Statement of Economic Interests (SOEI) with the clerk of the local governing body as a condition to assuming office and subsequently annually on/before Feb. 1.

SB 1183: Allows meetings of property owners’ associations, boards of directors, unit owners’ associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors, unit owners’ association, or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings.

SB 1215: Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. 

SB 1254: Clarifies the procedures by which the Virginia Lottery determines whether an event is considered youth sports, on which betting is prohibited.

SB 1271: Allows a public body, or a joint meeting thereof, to meet by electronic communication means without a majority of the public body physically assembled at one location when a locality in which the public body is located has declared a local state of emergency. The state of emergency must make it impracticable or unsafe to assemble a quorum in a single location and the purpose of the meeting should be to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities. 

SB 1279: Requires the Department of Veterans Services to develop a comprehensive program to assist military service members, veterans, and their spouses in making a successful transition from military to civilian life in Virginia. Programs may include skills and workforce assessments and internship/apprenticeship programs. 

SB 1287: Prohibits the Charitable Gaming Board from communicating regulations that prohibit the use of multiple video monitors or touch screens on an electronic pull-tab device.

SB 1299: Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill. Incorporates SB 1388.

SB 1305: Requires all public bodies and covered institutions, defined in the bill, to include in every public works contract of more than $250,000 certain provisions related to the outsourcing of subcontracted work, which a contractor shall agree to during the performance of such contract.

SB 1314: Directs the Virginia Economic Development Partnership Authority to establish an Office of Education and Labor Market Alignment (the Office) to coordinate data analysis on workforce and higher education alignment and translate data to partners. 

SB 1327: Provides for various protections for homeowners and tenants of manufactured home parks. Such protections may include restricting the circumstances under which a court may order a person’s primary residence to be sold to enforce a judgment charge,  requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing, or prohibiting a trustee from selling a property in a foreclosure sale without sending notice of the sale to the owner and signing an affidavit attesting to such notification among several others.

SB 1343: Requires the private business to specify the records for which protection is sought before submitting them to the public body and to state the reasons why protection is necessary.

SB 1369: Redefines “small business” for the purpose of programs for the Department of Small Business and Supplier Diversity to allow a cooperative association organized pursuant to Chapter 3 (Cooperative Associations) of Title 13.1 as a nonstock corporation to qualify as a small business if it is at least 51 % independently controlled by one or more members who are U.S. citizens or legal resident aliens and, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years. 

SB 1410: Prohibits discrimination in public accommodations, employment, and housing on the basis of a person’s status as an active military or a military spouse.

Bills reported out 

HB 1811: Provides that in the course of procuring goods, if a public body receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program (FEMP) designated efficiency requirements, appear on FEMP’s Low Standby Power Product List, or are WaterSense certified, such public body may only select among those bids. Passed House (55 Yes to 44 No) and referred to Senate Committee on General Laws and Technology 

HB 1812: Makes technical amendments to the casino gaming law related to its interaction with sports betting law, the capital investment required of an applicant for a license, authorized closed meetings under the Virginia Freedom of Information Act, and the frequency of the distribution of tax revenues to cities. Passed House (68 Yes to 32 No) and referred to Senate Committee on General Laws and Technology

HB 1816: Allows meetings of property owners’ associations, boards of directors, unit owners’ associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors, unit owners’ association, or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings. Passed House ( 98 Yes to 0 No) and referred to Senate Committee on General Laws and Technology

HB 1824: Adds to the provision of the required disclosure statement directing a buyer to beware and exercise necessary due diligence with respect to determining the condition of real property or any improvements thereon a provision advising the buyer to obtain a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency. Passed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology 

HB 1830: Requires at least five of the nine citizen members of the Virginia Small Business Financing Authority to have experience in small business lending. Passed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology

HB 1842: Permits, except to the extent that the declaration provides otherwise, the board of directors of a property owners’ association to establish reasonable rules that restrict smoking in the development. Passed House ( 72 Yes to 27 No) and referred to Senate Committee on General Laws and Technology 

HB 1843: Increases the maximum allowable amount for a single bingo door prize from $50 to $250 and the maximum allowable cumulative door prizes in any one bingo session from $250 to $500. Passed House ( 79 Yes to 20 No) and referred to Senate Committee on General Laws and Technology

HB 1845: Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022.  Passed House ( 98 Yes to 0 No) and referred to Senate Committee on Rehabilitation and Social Services

HB 1847: Clarifies the procedures by which the Virginia Lottery determines whether an event is considered youth sports, on which betting is prohibited. Passed House ( 67 Yes to 33 No) and referred to Senate Committee on General Laws and Technology

HB 1848: Adds discrimination on the basis of disability as an unlawful discriminatory practice under the Virginia Human Rights ActPassed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology

Bills passed

  • HB 1811: Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods
     Provides that in the course of procuring goods, if a public body receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program (FEMP) designated efficiency requirements, appear on FEMP’s Low Standby Power Product List, or are WaterSense certified, such public body may only select among those bids.
  • HB 1812Casino gaming; technical amendments
    Makes technical amendments to the casino gaming law related to its interaction with sports betting law, the capital investment required of an applicant for a license, authorized closed meetings under the Virginia Freedom of Information Act, and the frequency of the distribution of tax revenues to cities. The bill also requires applicants for operator’s licenses to submit (i) a minority investment plan disclosing any equity interest owed by a minority individual or minority-owned business or the applicant’s efforts to seek equity investment from minority individuals or minority-owned businesses and (ii) a plan for the participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the casino gaming establishment.
  • HB 1816: Property Owners’ Association Act/Condominium Act; use of electronic means for meetings and voting
    Allows meetings of property owners’ associations, boards of directors, unit owners’ associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings. The bill requires that such guidelines ensure that persons accessing such meetings are authorized to do so and that persons entitled to participate in such meetings have an opportunity to do so. The bill grants authority for determining whether any such meeting may be held entirely or partially by electronic means to the board of directors or executive board, as applicable. Under current law, if a meeting of a board of directors or executive board is conducted by telephone conference or video conference, at least two members of the board of directors or executive board, as applicable, are required to be physically present at the meeting place included in the meeting notice. The bill amends the definition of “electronic means” to provide that a meeting conducted by electronic means includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. The bill allows members of property owners’ associations or unit owners’ associations to vote at meetings of such associations by absentee ballot, and allows such members to vote in person, by proxy, or by absentee ballot by electronic means, provided that the board of directors or executive board, as applicable, has adopted guidelines for such voting. Finally, the bill provides that if a vote, consent, or approval required to be obtained by secret ballot is accomplished through electronic means, the electronic means shall protect the identity of the voter, and provides that if the electronic means cannot protect the identity of the voter, another means of voting shall be used. This bill is identical to SB 1183.
  • HB 1824: Virginia Residential Property Disclosure Act; required disclosures for buyer to beware, mold
    Adds to the provision of the required disclosure statement directing a buyer to beware and exercise necessary due diligence with respect to determining the condition of real property or any improvements thereon a provision advising the buyer to obtain a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency.
  • HB 1830: Virginia Small Business Financing Authority; members to have small business lending experience
    Requires at least five of the nine citizen members of the Virginia Small Business Financing Authority to have experience in small business lending. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
  • HB 1842: Property owners’ associations & unit owners’ associations; rulemaking authority concerning smoking
    Permits (i) except to the extent that the declaration provides otherwise, the board of directors of a property owners’ association to establish reasonable rules that restrict smoking in the development, including (a) rules that prohibit smoking in the common areas and, (b) for developments that include attached private dwelling units, rules that prohibit smoking within such dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominium unit owners’ association to establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. The bill clarifies the authority of executive boards of condominium unit owners’ associations to establish, adopt, and enforce rules and regulations with respect to the use of the common elements of the condominium and with respect to such other areas of responsibility assigned to the unit owners’ association by the condominium instruments, except where expressly reserved by the condominium instruments to the unit owners. The bill also permits unit owners, by a majority of votes cast at a meeting of the unit owners’ association, to repeal or amend any rule or regulation adopted by the executive board. This bill is a recommendation of the Virginia Housing Commission.
  • HB 1843: Charitable gaming; increase in certain maximum allowable prize amounts
    Increases the maximum allowable amount for a single bingo door prize from $50 to $250 and the maximum allowable cumulative door prizes in any one bingo session from $250 to $500. The bill allows up to 10 games per bingo session to feature a regular bingo or special bingo game prize of up to $200. The bill increases the prize for a single instant bingo, pull tab, or seal card from $1,000 to $2,000. Finally, the bill increases from $100 to $200 the allowable amount of increase of a progressive prize per session in certain progressive bingo games. The bill requires the Department of Agriculture and Consumer Services, beginning July 1, 2024, and at least once every five years thereafter, to convene a stakeholder work group to review the limitations on prize amounts and provide any recommendations to the General Assembly by November 30 of the year in which the stakeholder work group is convened.
  • HB 1845: Alcoholic beverage control; license fee reform
    Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.
  • HB 1847: Sports betting; clarifies certain procedures
    Clarifies the types of events on which sports betting is allowed. The bill clarifies that a permit issued to a casino operator shall not count toward the maximum of 12 permits that the Director of the Virginia Lottery can issue and makes technical amendments related to the interaction between sports betting law and casino gaming law.
  • HB 1848: Virginia Human Rights Acts; adds discrimination on the basis of disability
    Adds discrimination on the basis of disability as an unlawful discriminatory practice under the Virginia Human Rights Act. The bill also requires employers, defined in the bill, to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation, from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee, or from requiring an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability.
  • HB 1849 Apprenticeship training programs; DOLI, DGS, et al., shall review availability of programs
    Directs the Virginia Board of Workforce Development (the Board), the Department of Labor and Industry (DOLI), and the Department of General Services (DGS) to review the availability of registered apprenticeship programs in the Commonwealth and evaluate the capacity to build a program that would require contractors engaged in construction contracts with public bodies to participate in apprenticeship training programs for each trade or classification of employees engaged in the construction contract. The bill also requires the Board, DOLI, and DGS to evaluate whether a requirement to limit public procurements to bidders with registered apprenticeship programs would assist the construction industry in meeting its workforce needs. The bill permits the Board, DOLI, and DGS to convene a stakeholder advisory group as part of its review. The bill requires the Board, DOLI, and DGS to complete its review and complete any advisory group meetings by September 1, 2021, and to submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations no later than December 1, 2021.
  • HB 1864: Virginia Human Rights Act; expands definition of employer
    Expands the definition of “employer” for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill.
  • HB 1876: Workforce development; expands type of data sharing
    Expands the type of workforce development data that state agencies may share with the Virginia Workforce System to support workforce program evaluation and policy analysis. The bill removes the requirement that all personal identifying information be removed before being shared among other state agencies and with the Workforce Development System and instead requires the identifying attribute information necessary to match entities across programs, support the coordination of services, and evaluate outcomes to be shared among agencies that enter into the memorandum of understanding supporting the Virginia Workforce Data Trust.
  • HB 1879: Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine
    Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill. The bill allows the Board to summarily revoke a licensee’s privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law. The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021. The provisions of this bill sunset on July 1, 2022, and this bill is identical to SB 1299.
  • HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
    Provides that a deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust. The bill further requires that the interest rate of a prior mortgage be stated on the first page of a refinance mortgage.
  • HB 1889: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement
    Extends the sunset date from July 1, 2021, to July 1, 2022, of certain provisions enacted during the 2020 Special Session related to the Virginia Residential Landlord and Tenant Act. Such provisions (i) changed from five to 14 days the amount of time that a landlord who owns four or fewer rental dwelling units must wait after serving written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord’s intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement; (ii) required a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent, to serve upon such tenant a written notice informing the tenant of the total amount due and owed and offer the tenant a payment plan under which the tenant must pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement; (iii) outlined the remedies a landlord has if a tenant fails to pay the total amount due and owed or enter into a payment arrangement within 14 days of receiving notice or if the tenant enters into a payment arrangement but fails to pay within 14 days of the due date any rent that becomes due under the payment plan or arrangement after such plan or arrangement becomes effective; and (iv) clarified that a tenant is not precluded from participating in any other rent relief programs available to the tenant through a nonprofit organization or under the provisions of a federal, state, or local law, regulation, or action.
  • HB 1891: Annual safety and disaster awareness training; DHRM, et al., to develop an online training module
    Requires the Department of Human Resource Management, in coordination with the Secretary of Health and Human Resources or his designee, to develop an online training module addressing safety and disaster awareness, including information on public health safety. The bill also requires that all state employees complete the training annually. The bill requires such training to be incorporated into existing mandatory training.
  • HB 1900: Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit
    Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition, the tenant shall recover actual damages, the greater of $5,000 or four months’ rent, and reasonable attorney fees.
  • HB 1931: Virginia Freedom of Information Act; public body authorized to conduct electronic meetings
    Authorizes a public body to conduct through electronic communication means a meeting for which, on or before the day of the meeting, a member of the public body holding the meeting notifies the chair that such member is unable to attend the meeting due to a family member’s medical condition that requires the member to provide care for such family member, thereby preventing the member’s physical attendance. The bill also clarifies that participation in an electronic meeting by a member of a public body due to the inability to attend because of a personal matter is limited each calendar year to two such meetings, which is current law, or 25 percent of the meetings held that calendar year rounded up to the next whole number, whichever is greater. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
  • HB 1943: Charitable Gaming Board; regulations, electronic pull tabs
    Prohibits the Charitable Gaming Board from promulgating regulations that prohibit the use of multiple video monitors or touchscreens on an electronic pull tab device and provides that the use of electronic pull tab devices utilizing multiple video monitors or touchscreens shall be limited to one player at a time. This bill is identical to SB 1287.
  • HB 1944: Casino gaming; requirements for issuance of operator’s license, human trafficking training
    Requires applicants for operator’s licenses to have established a policy requiring all license and permit holders who interact directly with the public in the casino gaming establishment to complete a training course acceptable to the Virginia Lottery Department in how to recognize and report suspected human trafficking in order to be eligible for the issuance of an operator’s license.
  • HB 1967: Virginia Jobs Investment Program and Fund; minimum wage requirements
    Adjusts the minimum entry-level wage rate per hour a company is required to pay in order to be eligible for assistance under the Virginia Jobs Investment Program from at least 1.35 times the federal minimum wage to at least 1.2 times the federal minimum wage or the Virginia minimum wage, whichever is higher.
  • HB 1971: Virginia Fair Housing Law; reasonable accommodations, disability-related requests for parking
    Provides that for the purposes of the Virginia Fair Housing Law, when a person receives a request for accessible parking to accommodate a disability, the person receiving the request shall treat such request as a request for reasonable accommodation.
  • HB 1973: Alcoholic beverage control; privileges of banquet licensees
    Provides that banquet licensees that are nonprofit corporations or associations conducting fundraisers and that are authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold may, if conducting such fundraiser through an online meeting platform, ship such wine, in accordance with the regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, in closed containers to persons located within the Commonwealth.
  • HB 1981: Virginia Residential Landlord and Tenant Act; access to dwelling unit during certain emergencies
    Provides that a tenant shall be deemed to have reasonable justification for declining to permit a landlord or managing agent to exhibit the tenant’s dwelling unit for sale or lease if the tenant has reasonable concern for his own health, or the health of any authorized occupant, during a state of emergency declared by the Governor in response to a communicable disease of public health threat and the tenant has provided written notice to the landlord informing the landlord of such concern. The bill requires the tenant in such circumstances to provide to the landlord or managing agent a video tour of the dwelling unit or other acceptable substitute for exhibiting the dwelling unit for sale or lease. The bill also provides that during a state of emergency declared by the Governor in response to a communicable disease of public health threat a tenant may provide written notice to the landlord requesting that one or more nonemergency property conditions in the dwelling unit not be addressed in the normal course of business of the landlord due to such communicable disease of public health threat. The bill provides that in such case the tenant shall be deemed to have waived any and all claims and rights under the Virginia Residential Landlord and Tenant Act against the landlord for failure to address such nonemergency property conditions. Lastly, the bill provides that in the case of a tenant who has provided notice that he does not want nonemergency repairs made during the state of emergency due to a communicable disease of public health threat, the landlord may nonetheless enter the dwelling unit, provided that the employees and agents sent by the landlord are wearing all appropriate and reasonable personal protective equipment as required by state law, (i) to do nonemergency repairs and maintenance with at least seven days’ written notice to the tenant and at a time consented to by the tenant, no more than once every six months, and (ii) if the landlord is required to conduct maintenance or an inspection pursuant to the agreement for the loan or insurance policy that covers the dwelling units.
  • HB 1993: State agencies and their appointing authorities; diversity, equity, and inclusion strategic plans
    Requires state agencies to establish and maintain a comprehensive diversity, equity, and inclusion strategic plan in coordination with the Governor’s Director of Diversity, Equity, and Inclusion.
  • HB 2001: State and local buildings, certain; building standards
    Requires that any executive branch agency or institution or locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building ensure that such building has sufficient electric vehicle charging infrastructure, defined in the bill, and has features that permit the agency or institution to track the building’s energy efficiency and carbon emissions. The bill authorizes the Director of the Department of General Services to grant exemptions to such standards, in writing and with certain terms. The bill requires agencies to annually report to the Governor the energy efficiency and carbon emissions metrics for each such building built or renovated. The bill requires localities to design such building projects according to the same or similar standards, or more stringent standards if adopted by ordinance. The bill also requires that localities incorporate appropriate resilience and distributed energy features. The bill requires that any exemption from the standards granted by resolution of the governing body of a locality be made in writing and explain the basis for granting the exemption.
  • HB 2004: Virginia Freedom of Information Act; law-enforcement criminal incident information, criminal files
    Adds criminal investigative files, defined in the bill, relating to a criminal investigation or proceeding that is not ongoing, also defined in the bill, to the types of law-enforcement and criminal records required to be released in accordance with the provisions of the Virginia Freedom of Information Act. Under current law, the release of criminal investigative files is discretionary. The bill also provides that the mandatory release of criminal incident information relating to felony offenses and criminal investigative files shall be enjoined if a court finds by a preponderance of the evidence that the release of such information would likely effect certain results, outlined in the bill. The bill contains technical amendments. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
  • HB 2014: Virginia Residential Landlord and Tenant Act; landlord’s acceptance of rent with reservation
    Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant’s use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development’s (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.
  • HB 2025: Virginia FOIA; record exclusion for personal contact information provided to a public body
    Provides that personal contact information provided to a public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members is excluded from the mandatory disclosure provisions of FOIA, unless the recipient of such electronic communications indicates his approval for the public body to disclose such information. Currently, the law provides protections for personal contact information provided to a public body, not to its members; only applies to electronic mail; and requires the electronic mail recipient to request the public body not to disclose his personal contact information in order for the information to be exempt from mandatory disclosure. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
  • HB 2029: Fire training activities; prohibition on the use of certain oriented strand board
    Prohibits the burning by any person, local government, or agency of the Commonwealth of Class A fuel materials that contain oriented strand board, defined in the bill, during live fire training activities.
  • HB 2031: Facial recognition technology; authorization of use by local law-enforcement agencies, etc
    Provides that no local law-enforcement agency or campus police department shall purchase or deploy facial recognition technology, defined in the bill, unless such purchase or deployment is expressly authorized by statute. The bill prohibits a local law-enforcement agency or campus police department at a public institution of higher education currently using facial recognition technology from continuing to use such technology without such authorization after July 1, 2021.
  • HB 2046Virginia Fair Housing Law; unlawful discriminatory housing practices
    Prohibits any locality, its employees, or its appointed commissions from discriminating (i) in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability; (ii) in the permitting of housing developments because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located; or (iii) by prohibiting or imposing conditions upon the rental or sale of dwelling units, provided that the provisions of this subsection shall not be construed to prohibit ordinances related to short-term rentals. The bill provides that it shall not be a violation of the Virginia Fair Housing Law if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing. The bill also requires the Fair Housing Board, after determining the existence of an unlawful discriminatory housing practice and after consultation with the Attorney General, to immediately refer the matter to the Attorney General for civil action.
  • HB 2054Comprehensive plan; provision for transit-oriented development
    Adds reducing, modifying, or waiving local parking requirements or ratios to the strategies that may be included when certain larger localities consider incorporating strategies to promote transit-oriented development in reviews of their comprehensive plans. The bill removes from the existing strategy of increasing development density in certain areas to reduce density in others the phrase “to reduce density in others.”
  • HB 2072: Virginia Good Neighbor Next Door program; VHDA shall report recommendations for creating Program
    Requires the Virginia Housing Development Authority to report to the Governor, the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology, and the Virginia Housing Commission no later than July 1, 2022, on recommendations for the creation of a Virginia Good Neighbor Next Door program, similar to the Good Neighbor Next Door program administered by the U.S. Department of Housing and Urban Development, to provide financial incentives for law-enforcement officers, firefighters, emergency medical services personnel, and teachers to purchase homes within designated revitalization areas in the localities in which they are employed.
  • HB 2085: Emergency Services and Disaster Law; local and interjurisdictional emergency operations plans
    Requires local and interjurisdictional agencies to include provisions in their emergency operations plans to ensure that such plans are applied equitably and that the needs of minority and vulnerable communities are met during emergencies.
  • HB 2130: Virginia LGBTQ+ Advisory Board; established, report
    Establishes the Virginia LGBTQ+ Advisory Board to advise the Governor regarding the economic, professional, cultural, educational, and governmental links between the Commonwealth and the LGBTQ+ community in Virginia and sets out the powers and duties of the Board. The Board shall be composed of 21 nonlegislative citizen members, at least 15 of whom shall identify as LGBTQ+, to be appointed by the Governor, and the Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, and Public Safety and Homeland Security, or their designees, who shall serve as ex officio members.
  • HB 2131: Alcoholic beverage control; license application, locality input
    Adds the chief administrative officer of a locality to the list of persons who may be sent notice of certain license applications by the Board of Directors of the Virginia Alcoholic Beverage Control Authority. The bill also expands the definition of “criminal blight” for which the locality may require a property owner to take corrective action to include a condition existing on real property that endangers public health or safety and is caused by (i) the regular presence on the property of persons in possession of controlled substances and (ii) the discharge of a firearm under certain conditions.
  • HB 2140: Alternative application for employment for persons with a disability; DHRM to create a process
    Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process. The bill directs the Department of Human Resource Management to develop and disseminate a policy to implement the provisions of the bill.
  • HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
    Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights.
  • HB 2161: Active military or a military spouse; prohibits discrimination in public accommodations, etc
    Prohibits discrimination in public accommodations, employment, and housing on the basis of a person’s military status, defined as a member of the uniformed services of the United States or a reserve component thereof or a spouse or other dependent of the same. The bill also prohibits terms in a rental agreement in which the tenant agrees to waive remedies or rights under the federal Servicemembers Civil Relief Act prior to the occurrence of a dispute between the landlord and the tenant. This bill is identical to SB 1410.
  • HB 2170: Virginia Small Business Financing Authority; risk-based review of outstanding loans
    Requires the Virginia Small Business Financing Authority to conduct a risk-based review of all outstanding loans at least annually and report the results of such review to the Board of Directors of the Authority. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
  • HB 2171: Virginia Small Business Financing Authority; utilization or award of loan and grant program funds
    Requires local and interjurisdictional agencies to include provisions in their emergency operations plans to ensure that such plans are applied equitably and that the needs of minority and vulnerable communities are met during emergencies.
  • HB 2172: Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification
    Requires the Department of Small Business and Supplier Diversity to adopt regulations to establish a process for businesses that are denied initial certification as a small, women-owned, or minority-owned business to appeal such denial on the basis that the Department made a mistake in denying the business’s application for certification. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
  • HB 2175: Homeowners and tenants of manufactured home parks; housing protections, foreclosures, etc
    Provides for various protections for homeowners and tenants of manufactured home parks, including (i) restricting the circumstances under which a court may order a person’s primary residence to be sold to enforce a judgment lien; (ii) requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing; (iii) requiring the Director of Housing and Community Development to develop a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act; (iv) in the case of a deed of trust conveying owner-occupied residential real estate, prohibiting a trustee of such deed of trust from selling such property in a foreclosure sale without receiving an affidavit signed by the party that provided notice of the sale to the owner confirming that such notice was sent to the owner, with a copy of such notice attached to the affidavit; (v) in the case of a deed of trust conveying owner-occupied residential real estate, increasing the notice period for a foreclosure sale from 14 to 60 days and requiring such notice to provide the grantor with information regarding housing counseling; and (vi) requiring the landlord of a manufactured home park to provide tenants who own their manufactured home information about housing assistance and legal aid organizations. The bill also requires the Department of Housing and Community Development to convene a stakeholder group to assist in the development of the statement of tenant rights and responsibilities. The provisions of the bill related to the specifics of the notice that is required before a trustee can sell a property in a foreclosure sale have a delayed effective date of October 1, 2021. This bill is identical to SB 1327.
  • HB 2202: Elevator mechanic or accessibility mechanic, certain; exemption from certification
    Provides that an individual is not required to be certified as an elevator mechanic or accessibility mechanic when working under the direct and immediate supervision of an elevator mechanic or certified accessibility mechanic who is certified in the specialty for which work is being performed.
  • HB 2222: Military medical personnel program; facilities that offer medical services to public, etc
    Adds any facility that offers medical services to the public and that is supervised by one or more physicians or podiatrists to the list of entities that may participate in the military medical personnel program established by the Department of Veterans Services and directs the Department to assist veterans and other service members who are preparing for discharge or release and who have recently served in health care-related specialties but who do not meet the definition of “military medical personnel” in finding employment in the health care sector.
  • HB 2227: Uniform Statewide Building Code; amendments, energy efficiency and conservation
    Directs the Board of Housing and Community Development, upon each publication by the International Code Council of a new version of the International Energy Conservation Code (IECC), to consider adopting amendments to the Uniform Statewide Building Code to address changes in the IECC related to energy efficiency and conservation.
  • HB 2229: Virginia Residential Landlord and Tenant Act; responsibilities of real estate brokers, etc
    Provides that if a dwelling unit used as a single-family residence is foreclosed upon and there is a tenant in such dwelling unit on the date of the foreclosure sale, if the successor in interest acquires the dwelling unit for the purpose of occupying such unit as his primary residence, the rental agreement terminates and the tenant is required to vacate the dwelling unit on a date not less than 90 days after receiving written notice. The bill also provides that if the successor in interest acquires the dwelling unit for any other purpose, the successor in interest acquires the dwelling unit subject to the rental agreement and is required to permit the tenant to occupy the dwelling unit for the remaining term of the lease. Under current law, the foreclosure sale acts as a termination of the rental agreement by the owner, but the tenant is permitted to remain in possession of the dwelling unit as a month-to-month tenant on the terms of the terminated rental agreement until the successor owner gives a notice of termination of the month-to-month tenancy. The bill contains technical amendments.
  • HB 2249: Virginia Residential Landlord and Tenant Act; landlord charges for security deposits
    Prohibits a landlord from requiring a tenant to pay a security deposit, insurance premiums for damage insurance, and insurance premiums for renter’s insurance prior to the commencement of the tenancy that exceed the amount of two months’ periodic rent. The bill permits a landlord, however, to add a monthly amount as additional rent to recover additional costs of such renter’s insurance premiums. Finally, the bill requires nonresident property owners to file the name and office address of the agent appointed by such nonresident property owner in the office of the clerk of the State Corporation Commission. Under current law, such information must be filed in the office of the clerk of the court in which deeds are recorded in the county or city in which the property lies.
  • HB 2266: Alcoholic beverage control; outdoor refreshment area license
    Renames the “local special events” license as the “designated outdoor refreshment area” license. The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration. Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The bill also increases the state and local license fees for designated outdoor refreshment area licenses issued pursuant to a local ordinance. This bill incorporates HB 2051 and is identical to SB 1471.
  • HB 2307: Consumer Data Protection Act; personal data rights of consumer, etc
    Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021. The bill has a delayed effective date of January 1, 2023. This bill is identical to SB 1392.
  • HB 2308: Veterans of Foreign Wars, American Legion, etc.; quantity of land certain associations may hold
    Increases from 75 to 200 the number of acres of land that any association or post of the Veterans of Foreign Wars, American Legion, Spanish War Veterans, Disabled American Veterans, or any similar association of veterans of the Armed Forces of the United States chartered by an act of Congress may hold. However, the bill provides that any such property in excess of 75 acres shall not be exempt from taxation unless an ordinance to that effect is adopted by the governing body of the locality in which the property is located.
  • HB 2312: Marijuana; legalization of simple possession, etc
    Eliminates criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older, modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and numerous provisions of the bill are subject to reenactment by the 2022 Session of the General Assembly. This bill incorporates HB 1815 and is identical to SB 1406. See H. B. 2312 Courts of Justice Substitute PDF text:
  • HB 2320: Real property; required disclosures for buyer to exercise due diligence, flood risk report
    Requires the Real Estate Board to make available on its website a flood risk information form, the details of which are outlined in the bill. The bill also provides that an owner of residential real property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure, as defined in the bill, shall disclose such fact to the purchaser on a form provided by the Real Estate Board on its website. The bill has a delayed effective date of January 1, 2022. This bill is identical to SB 1389.
  • HB 2321: Labor, Secretary of; position created in Governor’s Cabinet
    Creates in the Governor’s Cabinet the position of Secretary of Labor. The bill transfers from the Secretary of Commerce and Trade to the Secretary of Labor responsibility for the Department of Labor and Industry, the Department of Professional and Occupational Regulation, and the Virginia Employment Commission. The bill removes the position of Chief Workforce Development Advisor and reassigns its duties to the Secretary of Labor. The bill also adds the Secretary of Labor to the Governor’s comprehensive economic development policy committe
  • HB 2322: Opioid Abatement Authority; established, report
    Establishes the Opioid Abatement Authority. The Authority, with the assistance of the Office of the Attorney General, would administer the Opioid Abatement Fund, which would receive moneys from settlements, judgments, verdicts, and other court orders relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids and any other funds received on the fund’s behalf that would be used to provide grants and loans to Virginia agencies and certain localities for the purpose of treating, preventing, or reducing opioid use disorder and the misuse of opioids or otherwise abating or remediating the opioid epidemic in the Commonwealth.
  • HB 2327: Prevailing wage rate; clarifies that public works includes transportation infrastructure projects
    Clarifies, for purposes of the requirement under certain circumstances to pay the prevailing wage rate for work performed on public works contracts, that public works includes transportation infrastructure projects.

Commissions & Boards

Commission on Civic Education

Source: Webpage

The purposes of the Commission are to (i) educate students on the importance of citizen involvement in a representative democracy, (ii) promote the study of state and local government among the Commonwealth’s citizenry, and (iii) enhance communication and collaboration among organizations in the Commonwealth that conduct civics education.

Virginia Freedom of Information Advisory Council

Source: Website

The Virginia Freedom of Information Advisory Council, a state agency, is an office with the expertise to help resolve disputes over Freedom of Information issues. The FOIA Council answers questions from private citizens, state and local public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all documents in the possession of public officials and all meetings of state and local public bodies are open to citizens of the Commonwealth. Of course, there are exceptions and these exceptions can lead to good faith disagreements between citizens or media and public officials.

Virginia Housing Commission

Source: Webpage

The Virginia Housing Commission exists to study and provide recommendations to ensure and foster the availability of safe, sound and affordable housing for every Virginian.

The Commission may also study and make recommendations relating to such other housing, real property, and community development issues as it may be called upon to consider or as may be desirable.

Commission on Virginia Alcohol Safety Action Program

The Commission on VASAP has grown tremendously from its original status as a pilot program of the National Highway Traffic Safety Administration in 1972. I know that may not seem like that long ago, but we have been in existence for over 45 years and we have grown into one of the premiere programs in the country. We were expanded state-wide in 1975 via passed legislation in the General Assembly. We now have 24 programs providing services throughout the Commonwealth. Many factors go in to making us unique, topping the list is the fact that in Virginia we receive no tax dollars and are funded via offender fees. In addition, we are one of the only programs to combine ignition interlock with intervention services. This combination provides an obstacle to impaired driving while simultaneously working to create a permanent change in behavior.

Charitable Gaming Board

Source: Webpage

The purpose of the Board (within the executive branch of government) shall be to advise the Department of Agriculture and Consumer Services on all aspects of the conduct of charitable gaming in Virginia.

Joint Reapportionment Committee

Supervise activities required for the tabulation of population for the census and the timely reception of precinct population data for reapportionment.

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Health, Welfare & Institutions CommitteeHealth, Welfare & Institutions Committee

Meets on:  Tuesday and Thursday at 8:00 a.m. in House Committee Room

MembersMark Sickles (Chair) – Dawn Adams – Lashrecse Aird –  John Avoli – Rob Bell – Karrie Delaney – James Edmunds – Buddy Fowler – Elizabeth Guzman – Cliff Hayes – Christopher Head – Keith Hodges – Patrick Hope –  Mark Levine – Bobby Orrock – Marcia Price – Sam Rasoul – Roxann Robinson – Ibraheem Samirah – Kathy Tran – Wendell Walker – Rodney Willett

13 Democrats and 9 Republicans

Subcommittees:

  • Behavioral Health
  • Health Professions
  • Health, Social Services

 

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Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1737 Nurse practitioners; practice without a practice agreement. 
  •  Clinical nurse specialist; licensure of nurse practitioners as specialists, etc. 
  • HB 1805 Aging services; economic and social needs. 
  • HB 1808 Behavioral Health and Developmental Services, Commissioner of; reports to designated protection. 
  • HB 1817 Certified nurse midwives; practice. 
  • HB 1820 SNAP benefits program; eligibility for benefits, postsecondary education. 
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. 
  • HB 1831 Home care organizations; personal care services through audio-video telephone communication. 
  • HB 1845 Alcoholic beverage control; license fee reform. 
  • HB 1873 Brain injury; clarifies definition. 
  • HB 1874 Behavioral health; assessments in local correctional facilities, report. 
  • HB 1879 Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine. 
  • HB 1885 Comprehensive review of computer science standards, etc., in public schools; DOE to perform, report. 
  • HB 1894 Naloxone or other opioid antagonist; certain employees of DJJ authorized to administer. 
  • HB 1913 Career fatigue and wellness in certain health care providers; programs to address, civil immunity. 
  • HB 1950 Fetal and Infant Mortality Review Team; Va. Department of Health, et al., to establish, report.  
  • HB 1953 Licensed certified midwives; clarifies definition, licensure, etc. 
  • HB 1957 Adult adoption; investigation and report. 
  • HB 1962 Foster care; termination of parental rights, relatives and fictive kin. 
  • HB 1973 Alcoholic beverage control; privileges of banquet licensees. 
  • HB 1976 Virginia Health Workforce Development Authority; mission of Authority, membership. 
  • HB 1987 Telemedicine; coverage of telehealth services by an insurer, etc. 
  • HB 1986 George Mason University; management agreement with the Commonwealth. 
  • HB 1989 Public health emergency; emergency medical services agencies, real-time access to information. 
  • HB 1995 Rare Disease Council and Rare Disease Council Fund; created, report. 
  • HB 2002 Child support; health care coverage, eligibility requirements. 
  • HB 2010 Earned sentence credits; rate at which sentence rates may be earned, prerequisites. Contains a technical amendment. This bill is declarative of existing law.
  • HB 2039 Physician assistant; eliminates certain requirement for practice. 
  • HB 2061 VIIS; any health care provider in the Commonwealth that administers immunizations to participate. 
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. 
  • HB 2070 Community services boards; contracts with private providers. 
  • HB 2079 Pharmacists; initiation of treatment with and dispensing and administering of drugs and devices. 
  • HB 2086 Child care providers; background checks, portability. 
  • HB 2092 DBHDS; background checks, persons providing contractual services. 
  • HB 2098 Southwestern Va. Mental Health Institute; Governor to lease a portion of property to Smyth County.
  • HB 2111 Maternal Health Data and Quality Measures, Task Force on; established, report. 
  • HB 2116 Funeral service licensees, etc.; priority for personal protective equipment and immunization, etc. 
  • HB 2117 Children’s Services Act; funds expended special education programs. 
  • HB 2124 COVID-19; DMAS shall deem testing, treatment, and vaccination to be emergency services. 
  • HB 2131 Alcoholic beverage control; license application, locality input. 
  • HB 2154 Hospitals, nursing homes, etc.; regulations, patient access to intelligent personal assistant. 
  • HB 2162 Medical care facilities; designated support persons for persons with disabilities. 
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. 
  • HB 2166 Involuntary admission; provisions governing involuntary inpatient & mandatory outpatient treatment. 
  • HB 2191 Social services, local departments of; investigations and family assessments, etc. 
  • HB 2197 Individuals w/ intellectual & developmental disabilities; DMAS to study use of virtual support, etc. 
  • HB 2206 Child Care Subsidy Program; expanding Program to serve more families.
  • HB 2212 Children’s Services Act; effective monitoring and implementation.
  • HB 2220 Surgical technologist; certification, use of title. 
  • HB 2222 Military medical personnel program; facilities that offer medical services to public, etc. 
  • HB 2230 Supported decision-making agreements; DBHDS to develop and implement a program, etc. 
  • HB 2039 Physician assistant; eliminates certain requirement for practice.
  • HB 2284 Driving privileges, certain; Commissioner of DMV to reinstate privileges and waive fees. 
  • HB 2300 Hospitals; emergency treatment for substance use-related emergencies. 
  • HB 2314 Special education; Bd. of Education to amend certain regulation. 
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Health, Welfare, and Institutions Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14  1/19  1/21  1/26  1/28  2/8  2/11  2/16

Subcommittees: 

Institutions

Health Professions: 1/21  1/28

Health: 1/19  1/26  2/16 

Social Services: 1/20  1/27  1/28  2/16

Summary

Meets on:  Tuesday and Thursday at 8:00 a.m. in House Committee Room

MembersMark Sickles (Chair) – Dawn Adams – Lashrecse Aird –  John Avoli – Rob Bell – Karrie Delaney – James Edmunds – Buddy Fowler – Elizabeth Guzman – Cliff Hayes – Christopher Head – Keith Hodges – Patrick Hope –  Mark Levine – Bobby Orrock – Marcia Price – Sam Rasoul – Roxann Robinson – Ibraheem Samirah – Kathy Tran – Wendell Walker – Rodney Willett

13 Democrats and 9 Republicans

Subcommittees:

  • Behavioral Health
  • Health Professions
  • Health, Social Services

 

News

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Note: Details on bills passed below are in the Heading “Bills passed”

  • HB 1737 Nurse practitioners; practice without a practice agreement. 
  •  Clinical nurse specialist; licensure of nurse practitioners as specialists, etc. 
  • HB 1805 Aging services; economic and social needs. 
  • HB 1808 Behavioral Health and Developmental Services, Commissioner of; reports to designated protection. 
  • HB 1817 Certified nurse midwives; practice. 
  • HB 1820 SNAP benefits program; eligibility for benefits, postsecondary education. 
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. 
  • HB 1831 Home care organizations; personal care services through audio-video telephone communication. 
  • HB 1845 Alcoholic beverage control; license fee reform. 
  • HB 1873 Brain injury; clarifies definition. 
  • HB 1874 Behavioral health; assessments in local correctional facilities, report. 
  • HB 1879 Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine. 
  • HB 1885 Comprehensive review of computer science standards, etc., in public schools; DOE to perform, report. 
  • HB 1894 Naloxone or other opioid antagonist; certain employees of DJJ authorized to administer. 
  • HB 1913 Career fatigue and wellness in certain health care providers; programs to address, civil immunity. 
  • HB 1950 Fetal and Infant Mortality Review Team; Va. Department of Health, et al., to establish, report.  
  • HB 1953 Licensed certified midwives; clarifies definition, licensure, etc. 
  • HB 1957 Adult adoption; investigation and report. 
  • HB 1962 Foster care; termination of parental rights, relatives and fictive kin. 
  • HB 1973 Alcoholic beverage control; privileges of banquet licensees. 
  • HB 1976 Virginia Health Workforce Development Authority; mission of Authority, membership. 
  • HB 1987 Telemedicine; coverage of telehealth services by an insurer, etc. 
  • HB 1986 George Mason University; management agreement with the Commonwealth. 
  • HB 1989 Public health emergency; emergency medical services agencies, real-time access to information. 
  • HB 1995 Rare Disease Council and Rare Disease Council Fund; created, report. 
  • HB 2002 Child support; health care coverage, eligibility requirements. 
  • HB 2010 Earned sentence credits; rate at which sentence rates may be earned, prerequisites. Contains a technical amendment. This bill is declarative of existing law.
  • HB 2039 Physician assistant; eliminates certain requirement for practice. 
  • HB 2061 VIIS; any health care provider in the Commonwealth that administers immunizations to participate. 
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. 
  • HB 2070 Community services boards; contracts with private providers. 
  • HB 2079 Pharmacists; initiation of treatment with and dispensing and administering of drugs and devices. 
  • HB 2086 Child care providers; background checks, portability. 
  • HB 2092 DBHDS; background checks, persons providing contractual services. 
  • HB 2098 Southwestern Va. Mental Health Institute; Governor to lease a portion of property to Smyth County.
  • HB 2111 Maternal Health Data and Quality Measures, Task Force on; established, report. 
  • HB 2116 Funeral service licensees, etc.; priority for personal protective equipment and immunization, etc. 
  • HB 2117 Children’s Services Act; funds expended special education programs. 
  • HB 2124 COVID-19; DMAS shall deem testing, treatment, and vaccination to be emergency services. 
  • HB 2131 Alcoholic beverage control; license application, locality input. 
  • HB 2154 Hospitals, nursing homes, etc.; regulations, patient access to intelligent personal assistant. 
  • HB 2162 Medical care facilities; designated support persons for persons with disabilities. 
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. 
  • HB 2166 Involuntary admission; provisions governing involuntary inpatient & mandatory outpatient treatment. 
  • HB 2191 Social services, local departments of; investigations and family assessments, etc. 
  • HB 2197 Individuals w/ intellectual & developmental disabilities; DMAS to study use of virtual support, etc. 
  • HB 2206 Child Care Subsidy Program; expanding Program to serve more families.
  • HB 2212 Children’s Services Act; effective monitoring and implementation.
  • HB 2220 Surgical technologist; certification, use of title. 
  • HB 2222 Military medical personnel program; facilities that offer medical services to public, etc. 
  • HB 2230 Supported decision-making agreements; DBHDS to develop and implement a program, etc. 
  • HB 2039 Physician assistant; eliminates certain requirement for practice.
  • HB 2284 Driving privileges, certain; Commissioner of DMV to reinstate privileges and waive fees. 
  • HB 2300 Hospitals; emergency treatment for substance use-related emergencies. 
  • HB 2314 Special education; Bd. of Education to amend certain regulation. 
i
Health, Welfare, and Institutions Committee 2021 hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14  1/19  1/21  1/26  1/28  2/8  2/11  2/16

Subcommittees: 

Institutions

Health Professions: 1/21  1/28

Health: 1/19  1/26  2/16 

Social Services: 1/20  1/27  1/28  2/16

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Institutions Subcommittee

Meets on:

MembersMarcia Price, (Chair),  Rob BellChristopher Head,   Patrick Hope,  Mark Levine,  Rodney Willett

Health Professions Subcommittee

Meets on:

Members:  Dawn Adams(Chair),  Karrie Delaney,  Keith Hodges,  Sam RasoulRoxann RobinsonIbraheem Samirah

Health Subcommittee

Meets on:

MembersPatrick Hope (Chair),  Dawn Adams,  James EdmundsBuddy Fowler,  Cliff HayesBobby Orrock,  Sam Rasoul,   Kathy Tran

Social Services Subcommittee

Meets on:

MembersElizabeth Guzman (Chair),  Lashrecse AirdJohn Avoli,  Karrie Delaney  Kathy TranWendell Walker

Bills

Bills reported out 

HB 1932 – Child-placing agencies (January 27, 2021)

  • Delegate Levine sponsored a bill that which repeals the provisions that allows child-placing agencies to refuse to perform, assist with, counsel, recommend, consent to, refer, or participate in any child placements when proposed placement would violate agency’s religious or moral convictions.
  • Voted to report bill with amendments 13 – Yeas 9 – Nays.

HB 1962 – Foster care; termination of parental rights (January 27, 2021)

  • Delegate Gooditis sponsored a bill that which requires social services in localities to involve in the development of a child’s foster care plan the child’s relatives and closest kin who are interested in the child’s welfare.
  • Voted to report bill with substitute 21 – Yeas 0 – Nays.

HB 1988 – Processing and dispensing of cannabis oil (January 27, 2021)

  • Delegate Adams sponsored a bill that which would effect changes to the processing and dispensing of cannabis oil by pharmaceutical processors in the Commonwealth. Allows for designated care facilities to assist with the administration of cannabis oil for any patients residing in the caregiver facility.
  • Voted to report bill with substitute 22 – Yeas 0 – Nays.

HB 2005 – Disposition of remains (January 27, 2021)

  • Chairman of the subcommittee sponsored a bill that which establishes order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent’s funeral and the disposition of his remains.
  • Voted to report bill with substitute 18 – Yeas 3 – Nays.

HB 2086 – Portability of background checks for childcare providers (January 27, 2021)

  • Delegate McGuire sponsored a bill that which exempts prospective employees and volunteers in childcare provision from background check requirements once on has been completed in the previous five years.
  • Voted to report bill with substitute 20 – Yeas 0 – Nays.

 

Bills passed

  • HB 1737 Nurse practitioners; practice without a practice agreement. Reduces from five to two the number of years of full-time clinical experience a nurse practitioner must have to be eligible to practice without a written or electronic practice agreement. The bill has an expiration date of July 1, 2022.
  •  Clinical nurse specialist; licensure of nurse practitioners as specialists, etc. Changes for clinical nurse specialists the requirement to register with the Board of Nursing as a clinical nurse specialist to licensure by the Boards of Medicine and Nursing to practice as a nurse practitioner in the category of clinical nurse specialist and provides that a nurse practitioner licensed as a clinical nurse specialist shall practice pursuant to a practice agreement between the clinical nurse specialist and a licensed physician and in a manner consistent with the standards of care for the profession and applicable law and regulations. For the transition of registration to licensure, the bill requires the Boards of Medicine and Nursing to jointly issue a license to practice as a nurse practitioner in the category of a clinical nurse specialist to an applicant who is an advance practice registered nurse who has completed an advanced graduate-level education program in the specialty category of clinical nurse specialist and who is registered by the Board of Nursing as a clinical nurse specialist on July 1, 2021.
  • HB 1805 Aging services; economic and social needs. Provides that, in providing aging services, the Department for Aging and Rehabilitative Services shall prioritize providing services to older persons with the greatest economic or social need. The bill defines “economic need” as need resulting from an income level at or below the poverty line and “social need” as need caused by noneconomic factors, including (i) physical and mental disabilities, which may include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that caused by racial or ethnic status, gender identity, gender expression, or sexual orientation that restricts an individual’s ability to perform normal daily tasks or threatens such individual’s capacity to live independently.
  • HB 1808 Behavioral Health and Developmental Services, Commissioner of; reports to designated protection. Requires the Commissioner of Behavioral Health and Developmental Services (the Commissioner) to add written reports of the facts of alleged serious incidents, deaths, abuse, or neglect of individuals receiving services in programs operated or licensed by the Department of Behavioral Health and Developmental Services (the Department) to the list of reports the Commissioner must provide to the Director of the Commonwealth’s designated protection and advocacy system. Currently, the Commissioner is required to provide reports of critical injuries involving, or deaths of individuals receiving, services in facilities and reports of serious injuries to or deaths of individuals receiving services in programs operated or licensed by the Department to the Director of the Commonwealth’s designated protection and advocacy system. This bill is identical to SB 1154.
  • HB 1817 Certified nurse midwives; practice.  Eliminates the requirement that certified nurse midwives practice pursuant to a practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicine and Nursing and consistent with the Standards for the Practice of Midwifery set by the American College of Nurse-Midwives and shall consult and collaborate with and refer patients to such other health care providers as may be appropriate for the care of the patient.
  • HB 1820 SNAP benefits program; eligibility for benefits, postsecondary education.  Adds participation in educational activities that lead to a post-secondary credential from an accredited institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia to the list of activities to which a participant in the Virginia Initiative for Education and Work may be enrolled and directs the Board of Social Services to amend the Supplemental Nutrition Assistance Program (SNAP) benefits program to (i) establish broad-based categorical eligibility, (ii) set the gross income eligibility standard at 200 percent of the federal poverty guidelines, (iii) not impose an asset limit for eligibility, and (iv) increase opportunities for self-sufficiency through postsecondary education by allowing SNAP benefits program participants to satisfy applicable employment and training requirements through enrollment in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education for Virginia.
  • HB 1823 Public schools, child day programs, and certain other programs; carbon monoxide detectors required. Requires each building that was built before 2015 and that houses any public school classroom for students, licensed child day program, or other program that serves preschool-age children to be equipped with at least one carbon monoxide detector.
  • HB 1831 Home care organizations; personal care services through audio-video telephone communication. Directs the Board of Health to include in regulations governing home care organizations a provision for supervision of home care attendants providing personal care services by a licensed nurse through use of interactive audio or video technology.
  • HB 1845 Alcoholic beverage control; license fee reform. Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.
  • HB 1873 Brain injury; clarifies definition. Eliminates the requirement that an injury occur before the age of 65 to constitute a brain injury as that term is used in the context of licensure of private providers of behavioral health services. This bill is identical to SB 1421.
  • HB 1874 Behavioral health; assessments in local correctional facilities, report. Provides that the State Board of Local and Regional Jails, in establishing the minimum standards for behavioral health services in local correctional facilities, shall include a requirement that if a behavioral health screening indicates that the person may have a mental illness, an assessment of his need for mental health services shall be conducted within 72 hours of the time of the screening.
  • HB 1879 Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine. Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill. The bill allows the Board to summarily revoke a licensee’s privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law. The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021. The provisions of this bill sunset on July 1, 2022, and this bill is identical to SB 1299.
  • HB 1885 Comprehensive review of computer science standards, etc., in public schools; DOE to perform, report.  Requires the Department of Education to perform a comprehensive review of the ongoing implementation of mandatory computer science standards in elementary schools and middle schools and the alignment of middle school and high school computer science courses and course pathways. The bill requires such review to include recommendations for implementation processes at the local level, profiles of implementation processes that have been successful for school divisions, a description of opportunities for enhanced collaboration with relevant computer science stakeholders to expand computer science education opportunities for all students in the Commonwealth and for relevant professional development for teachers, and examining methods of data collection annually from local school divisions pertaining to computer science implementation. The bill requires the Department of Education to prepare a report on its comprehensive review and provide such report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health, the Secretary of Education, and the Superintendent of Public Instruction no later than November 1, 2021.
  • HB 1894 Naloxone or other opioid antagonist; certain employees of DJJ authorized to administer. Department of Juvenile Justice designated as probation and parole officers or as juvenile correctional officers to possess and administer naloxone or other opioid antagonist for overdose reversal pursuant to an oral or written order or standing protocol issued by the prescriber within the course of his professional practice.
  • HB 1913 Career fatigue and wellness in certain health care providers; programs to address, civil immunity.  Expands civil immunity for health care professionals serving as members of or consultants to entities that function primarily to review, evaluate, or make recommendations related to health care services to include health care professionals serving as members of or consultants to entities that function primarily to address issues related to career fatigue and wellness in health care professionals licensed, registered, or certified by the Boards of Medicine, Nursing, or Pharmacy, or in students enrolled in a school of medicine, osteopathic medicine, nursing, or pharmacy located in the Commonwealth. The bill contains an emergency clause and is identical to SB 1205.
  • HB 1950 Fetal and Infant Mortality Review Team; Va. Department of Health, et al., to establish, report. Directs the Office of the Chief Medical Examiner of the Department of Health to convene a work group to develop a plan for the establishment of a Fetal and Infant Mortality Review Team and to report such plan to the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2021.
  • HB 1953 Licensed certified midwives; clarifies definition, licensure, etc. Defines “practice of licensed certified midwifery,” directs the Boards of Medicine and Nursing to establish criteria for the licensure and renewal of a license as a certified midwife, and requires licensed certified midwives to practice in consultation with a licensed physician in accordance with a practice agreement. The bill also directs the Department of Health Professions to convene a work group to study the licensure and regulation of certified nurse midwives, certified midwives, and certified professional midwives to determine the appropriate licensing entity for such professionals. The bill requires the Department to report its findings and conclusions to the Governor and the General Assembly by November 1, 2021. This bill is identical to SB 1320.
  • HB 1957 Adult adoption; investigation and report. Removes the requirement that an investigation and report be conducted when a petition is filed for the adoption of a person 18 years of age or older on the basis of good cause shown and after a showing that the person to be adopted is at least 15 years younger than the petitioner and the petitioner and the person to be adopted have known each other for at least one year prior to the filing of the petition for adoption.
  • HB 1962 Foster care; termination of parental rights, relatives and fictive kin. Requires local departments of social services and licensed child-placing agencies to involve in the development of a child’s foster care plan the child’s relatives and fictive kin who are interested in the child’s welfare. The bill requires that a child 12 years of age or older be involved in the development of his foster care plan; under current law, a child’s involvement is mandatory upon reaching 14 years of age. The bill contains other amendments to provisions governing foster care and termination of parental rights that encourage the placement of children with relatives and fictive kin.
  • HB 1973 Alcoholic beverage control; privileges of banquet licensees.  Provides that banquet licensees that are nonprofit corporations or associations conducting fundraisers and that are authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold may, if conducting such fundraiser through an online meeting platform, ship such wine, in accordance with the regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, in closed containers to persons located within the Commonwealth.
  • HB 1976 Virginia Health Workforce Development Authority; mission of Authority, membership. Adds to the mission of the Virginia Health Workforce Development Authority (i) developing strategies to increase diversity in the health workforce by examining demographic data on race and ethnicity in training programs and health professional licensure, (ii) identifying ways to leverage technology to increase access to health workforce training and health care delivery, and (iii) developing a centralized health care careers roadmap in partnership with the Department of Health Professions that includes information on both licensed and unlicensed professions and that is disseminated to the Commonwealth’s health care workforce stakeholders to raise awareness about available career pathways. The bill increases from three to five the number of members representing health professionals or employers or representatives of health professionals on the Board of Directors of the Authority and removes the requirement that the chairman and vice-chairman of the Board of Directors be legislative members. The bill adds the Chief Workforce Development Advisor to the list of officials and entities to whom the Board of Directors reports biennially on the activities and recommendations of the Authority.
  • HB 1987 Telemedicine; coverage of telehealth services by an insurer, etc. Requires the Board of Medical Assistance Services to amend the state plan for medical assistance to provide for payment of medical assistance for remote patient monitoring services provided via telemedicine for certain high-risk patients, makes clear that nothing shall preclude health insurance carriers from providing coverage for services delivered through real-time audio-only telephone that are not telemedicine, and clarifies rules around prescribing of Schedule II through VI drugs via telemedicine, including establishing a practitioner-patient relationship via telemedicine.
  • HB 1986 George Mason University; management agreement with the Commonwealth. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.). This bill is identical to SB 1204.
  • HB 1989 Public health emergency; emergency medical services agencies, real-time access to information. Directs the Department of Health to develop and implement a system for sharing information regarding confirmed cases of communicable diseases of public health threat with emergency medical services agencies in real time during a declared public health emergency related to a communicable disease of public health threat and with the Emergency Medical Services Advisory Board and regional emergency medical services councils upon request, in order to protect the health and safety of emergency medical services personnel and the public.
  • HB 1995 Rare Disease Council and Rare Disease Council Fund; created, report. Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. The bill also creates the Rare Disease Council Fund to be used for the purpose of (a) funding research related to rare diseases and the development of new treatments for rare diseases and supports for persons with rare diseases in the Commonwealth and (b) supporting the work of the Rare Disease Council.
  • HB 2002 Child support; health care coverage, eligibility requirements. Provides that in any case in which a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services. The bill also requires the Department of Social Services to refer children for whom it has issued an order directing the payment of child support to the FAMIS plan if it appears that the gross income of the custodial parent is equal to or less than 200 percent of the federal poverty level.
  • HB 2010 Earned sentence credits; rate at which sentence rates may be earned, prerequisites. Contains a technical amendment. This bill is declarative of existing law.
  • HB 2039 Physician assistant; eliminates certain requirement for practice.  Allows a physician assistant to enter into a practice agreement with more than one patient care team physician or patient care team podiatrist and provides that a patient care team physician or patient care team podiatrist shall not be liable for the actions or inactions of a physician assistant for whom the patient care team physician or patient care team podiatrist provides collaboration and consultation. The bill also makes clear that a student physician assistant shall not be required to be licensed in order to engage in acts that otherwise constitute practice as a physician assistant, provided that the student physician assistant is enrolled in an accredited physician assistant education program.
  • HB 2061 VIIS; any health care provider in the Commonwealth that administers immunizations to participate. Requires any health care provider in the Commonwealth that administers immunizations to participate in the Virginia Immunization Information System (VIIS) and report patient immunization history and information to VIIS. Under current law, participation in VIIS is optional for authorized health care entities. The bill has a delayed effective date of January 1, 2022.
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. Directs the Department of Social Services, in cooperation with the Department of Medical Assistance Services, to convene a work group to develop a plan for a three-year pilot Produce Rx program to incentivize consumption of qualifying fruits and vegetables by eligible individuals for whom increased consumption of fruits and vegetables is recommended by a qualified care provider. The bill requires the Department of Social Services to report on the activities of the work group and the elements of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by October 1, 2021.
  • HB 2070 Community services boards; contracts with private providers. Clarifies that community services boards may enter into contracts with private providers for delivery of mental health, developmental, and substance abuse services.
  • HB 2079 Pharmacists; initiation of treatment with and dispensing and administering of drugs and devices. Expands provisions governing the initiation of treatment with and dispensing and administering of drugs and devices by pharmacists to allow the initiation of treatment with and dispensing and administering of drugs, devices, and controlled paraphernalia to persons 18 years of age or older, in accordance with protocols developed by the Board of Pharmacy in collaboration with the Board of Medicine and the Department of Health, and of (i) vaccines included on the Immunization Schedule published by the Centers for Disease Control and Prevention; (ii) tuberculin purified protein derivative for tuberculosis testing; (iii) controlled substances for the prevention of human immunodeficiency virus, including controlled substances prescribed for pre-exposure and post-exposure prophylaxis pursuant to guidelines and recommendations of the Centers for Disease Control and Prevention; and (iv) drugs, devices, controlled paraphernalia, and other supplies and equipment available over-the-counter, covered by the patient’s health carrier when the patient’s out-of-pocket cost is lower than the out-of-pocket cost to purchase an over-the-counter equivalent of the same drug, device, controlled paraphernalia, or other supplies or equipment. The bill requires any pharmacist who administers a vaccination pursuant to clause (i) to report such administration to the Virginia Immunization Information System. The bill also (a) requires the Board of Pharmacy, in collaboration with the Board of Medicine and the Department of Health, to establish protocols for the initiation of treatment with and dispensing and administering of drugs, devices, and controlled paraphernalia by pharmacists in accordance with the provisions of the bill by November 1, 2021; (b) requires the Board of Pharmacy, in collaboration with the Board of Medicine, to adopt regulations within 280 days of the bill’s enactment to implement the provisions of the bill; and (c) requires the Board of Pharmacy to convene a work group composed of an equal number of representatives of the Boards of Pharmacy and Medicine and other stakeholders to provide recommendations regarding the developing of protocols for the initiation of treatment with and dispensing and administering of certain drugs and devices by pharmacists to persons 18 years of age or older.
  • HB 2086 Child care providers; background checks, portability. Exempts prospective employees and volunteers of certain child welfare agencies from statutory background check requirements where the individual completed a background check within the previous five years, provided that (i) such background check was conducted after July 1, 2017; (ii) the results of such background check indicated that the individual had not been convicted of any barrier crime and was not the subject of a founded complaint of child abuse or neglect; and (iii) the individual is an employee or volunteer of any child welfare agency that is subject to background check requirements or has been separated from such employment or volunteer position for not more than 180 days. The bill requires such child welfare agencies, prior to hiring or allowing to volunteer any individual without the completion of a background check, to obtain written certification from the Department of Education that such individual satisfies all such requirements and is eligible to serve as an employee or volunteer at the child welfare agency. The bill also directs the Department of Education to establish a two-year pilot program for the purpose of stabilizing and improving the quality of child care services in the Commonwealth, which shall include payment of a fixed amount of funds to providers that have agreed to meet certain standards related to quality of care provided, to the extent allowed by federal law, and to report on the pilot program by December 1 of each year.
  • HB 2092 DBHDS; background checks, persons providing contractual services. Requires background checks for contract staff providing direct care services for Department of Behavioral Health and Developmental Services’ licensed services. The bill also sets out the barrier crimes for any person who provides contractual services directly to an individual receiving services on behalf of a licensed provider.
  • HB 2098 Southwestern Va. Mental Health Institute; Governor to lease a portion of property to Smyth County. Authorizes the Governor to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute to Smyth County in as-is condition for a term of three years upon such terms and conditions as may be agreed by the parties, including, without limitation, Smyth County’s responsibility for building or infrastructure refurbishments and operational expenses. The bill also corrects tax map references from a 2019 conveyance of property in Smyth County.
  • HB 2111 Maternal Health Data and Quality Measures, Task Force on; established, report.  Directs the State Health Commissioner to establish the Task Force on Maternal Health Data and Quality Measures for the purpose of evaluating maternal health data collection processes to guide policies in the Commonwealth to improve maternal care, quality, and outcomes for all birthing people in the Commonwealth. The bill directs the Task Force to report its findings and conclusions to the Governor and General Assembly by December 1 of each year regarding its activities and states that the Task Force shall conclude its work by December 1, 2023.
  • HB 2116 Funeral service licensees, etc.; priority for personal protective equipment and immunization, etc. Provides that in any case in which the Board of Health or Commissioner of Health has made an emergency order or regulation for the purpose of suppressing nuisances dangerous to the public health or a communicable, contagious, or infectious disease or other danger to the public life and health, funeral service licensees and persons employed by a funeral service establishment shall be included in any group afforded priority with regard to (i) access to personal protective equipment and (ii) administration of any vaccination against such communicable disease of public health threat during such emergency. The bill contains an emergency clause.
  • HB 2117 Children’s Services Act; funds expended special education programs. Requires that funds expended for private special education services under the Children’s Services Act only be expended on educational programs that are licensed by the Board of Education or an equivalent out-of-state licensing agency. The bill also provides that as of July 1, 2022, such funds may only be expended for programs that the Office of Children’s Services certify as having reported their tuition rates.
  • HB 2124 COVID-19; DMAS shall deem testing, treatment, and vaccination to be emergency services. Directs the Department of Medical Assistance Services to, during a public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services, deem testing for, treatment of, and vaccination against COVID-19 to be emergency services for which payment may be made pursuant to federal law for certain aliens not lawfully admitted for permanent residence.
  • HB 2131 Alcoholic beverage control; license application, locality input. Adds the chief administrative officer of a locality to the list of persons who may be sent notice of certain license applications by the Board of Directors of the Virginia Alcoholic Beverage Control Authority. The bill also expands the definition of “criminal blight” for which the locality may require a property owner to take corrective action to include a condition existing on real property that endangers public health or safety and is caused by (i) the regular presence on the property of persons in possession of controlled substances and (ii) the discharge of a firearm under certain conditions.
  • HB 2154 Hospitals, nursing homes, etc.; regulations, patient access to intelligent personal assistant. Directs the Board of Health to amend regulations governing hospitals, nursing homes, and certified nursing facilities to require each hospital, nursing home, and certified nursing facility to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant provided by the patient while receiving inpatient services. “Intelligent personal assistant” is defined in the bill as a combination of an electronic device and a specialized software application designed to assist users with basic tasks using a combination of natural language processing and artificial intelligence, including such combinations known as “digital assistants” or “virtual assistants.”
  • HB 2162 Medical care facilities; designated support persons for persons with disabilities.  Requires every medical care facility, as defined in the bill, to allow a person with a disability who requires assistance as a result of such disability to be accompanied by a designated support person who will provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability during an admission to such medical care facility. The bill (i) defines “person with a disability” and “designated support person”; (ii) provides that a designated support person shall not be subject to restrictions on visitation adopted by the medical care facility but may be required to comply with reasonable requirements of the medical care facility adopted to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility; and (iii) authorizes a medical care facility to restrict a designated support person’s access to specified areas and movement on the premises of the medical care facility when such restrictions are determined by the medical care facility to be reasonably necessary to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility. The bill requires every medical care facility to adopt protocols to inform patients of their right to be accompanied by a designated support person, and to develop and make available to persons with disabilities written information regarding the right of a person with a disability to be accompanied by a designated support person and policies related thereto. The bill contains an emergency clause and directs the Board of Health to adopt emergency regulations to implement the provisions of the bill.
  • HB 2065 Produce Rx Program; Dept. of Social Services, et al., to develop a plan for a 3-yr. pilot Program. Directs the Department of Social Services, in cooperation with the Department of Medical Assistance Services, to convene a work group to develop a plan for a three-year pilot Produce Rx program to incentivize consumption of qualifying fruits and vegetables by eligible individuals for whom increased consumption of fruits and vegetables is recommended by a qualified care provider. The bill requires the Department of Social Services to report on the activities of the work group and the elements of the plan to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by October 1, 2021.
  • HB 2166 Involuntary admission; provisions governing involuntary inpatient & mandatory outpatient treatment. Amends provisions governing involuntary inpatient and mandatory outpatient treatment to (i) revise criteria for entry of a mandatory outpatient treatment order to become effective upon expiration of an order for involuntary inpatient treatment; (ii) eliminate the requirement that a person agree to abide by a mandatory outpatient treatment plan to be eligible for mandatory outpatient treatment and instead require that the judge or special justice find that the person is able to adhere to a mandatory outpatient treatment plan; (iii) eliminate the role of a treating physician in determining when a person is eligible to transition from inpatient to mandatory outpatient treatment under an order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iv) increase from 90 to 180 days the length of an order for mandatory outpatient treatment; (v) revise requirements for monitoring of a person’s adherence to a mandatory outpatient treatment plan by a community services board; (vi) expand the category of persons who may file petitions for various reviews of a mandatory outpatient treatment order or plan; and (vii) add a provision for status hearings during the period of mandatory outpatient treatment. The bill has a delayed effective date of July 1, 2022.
  • HB 2191 Social services, local departments of; investigations and family assessments, etc. Provides that a local department of social services shall, upon request of the legal guardian or custodian of a child, disclose to such legal guardian or custodian the location of the child when the child is in the custody of another legal guardian or custodian, unless the local department finds that such disclosure would compromise the safety of the child or the legal guardian or custodian.
  • HB 2197 Individuals w/ intellectual & developmental disabilities; DMAS to study use of virtual support, etc. Directs the Department of Medical Assistance Services to study and develop recommendations for the permanent use of virtual supports and increasing access to virtual supports and services for individuals with intellectual and developmental disabilities by promoting access to assistive technology and environmental modifications and to report its findings and recommendations to the Governor and the General Assembly by November 1, 2021.
  • HB 2206 Child Care Subsidy Program; expanding Program to serve more families. Provides that regulations governing the Child Care Subsidy Program (the Program) shall be amended to provide that (i) a family shall be eligible for assistance through the Program if the family’s income does not exceed 85 percent of the state median income, the family includes at least one child who is five years of age or younger and has not yet started kindergarten, and the family meets all other income and eligibility requirements of the Program and (ii) job search activities shall be considered eligible activities for the purposes of the Program. The bill provides that a family determined to be eligible for assistance through the Program shall be eligible to receive assistance for a period of 12 months or until the family’s household income exceeds 85 percent of the state median income, whichever occurs sooner. The Department of Social Services shall administer the program, as amended by the bill, in cooperation with the Department of Education. The bill contains an emergency clause and provides that the provisions of the bill shall be applicable to applications for assistance through the Program received prior to August 1, 2021.
  • HB 2212 Children’s Services Act; effective monitoring and implementation. Requires the director of the Office of Children’s Services to provide for the effective implementation of the Children’s Services Act (§ 2.2-5200 et seq.) in all localities by (i) regularly monitoring local performance measures and child and family outcomes; (ii) using audit, performance, and outcomes data to identify local programs that need technical assistance; and (iii) working with local programs that are consistently underperforming to develop a corrective action plan for submission to the Office and the State Executive Council for Children’s Services.
  • HB 2220 Surgical technologist; certification, use of title. Provides that no person shall hold himself out to be a surgical technologist or use or assume the title of “surgical technologist” or “certified surgical technologist” unless such person is certified by the Board of Medicine; currently, a person must be registered with the Board of Medicine to use the title “registered surgical technologist.” The bill also (i) adds a requirement that an applicant whose certification is based on his holding a current credential as a certified surgical technologist from the National Board of Surgical Technology and Surgical Assisting also demonstrate that he has successfully completed an accredited surgical technologist training program and (ii) provides that the Board of Medicine may certify a person who has practiced as a surgical technologist at any time in the six months prior to July 1, 2021, provided that he registers with the Board of Medicine by December 31, 2021.
  • HB 2222 Military medical personnel program; facilities that offer medical services to public, etc. Adds any facility that offers medical services to the public and that is supervised by one or more physicians or podiatrists to the list of entities that may participate in the military medical personnel program established by the Department of Veterans Services and directs the Department to assist veterans and other service members who are preparing for discharge or release and who have recently served in health care-related specialties but who do not meet the definition of “military medical personnel” in finding employment in the health care sector.
  • HB 2230 Supported decision-making agreements; DBHDS to develop and implement a program, etc.  Directs the Department of Behavioral Health and Developmental Services (the Department) to develop and implement a program to educate individuals with intellectual and developmental disabilities, their families, and others regarding the availability of supported decision-making agreements, the process by which an individual with an intellectual or developmental disability may enter into a supported decision-making agreement with a supporter, and the rights and responsibilities of principals and supporters who are parties to a supported decision-making agreement, which shall include specific training opportunities, development of model supported decision-making agreements, and development of information about and protocols for preventing, identifying, and addressing abuse and exploitation of individuals with intellectual and developmental disabilities who enter into supported decision-making agreements. The bill directs the Department to collect data regarding the utilization of supported decision-making agreements in the Commonwealth and report such information, together with recommendations to enhance the utilization of supported decision-making agreements, annually to the Governor and the General Assembly by November 1.
  • HB 2039 Physician assistant; eliminates certain requirement for practice. Allows a physician assistant to enter into a practice agreement with more than one patient care team physician or patient care team podiatrist and provides that a patient care team physician or patient care team podiatrist shall not be liable for the actions or inactions of a physician assistant for whom the patient care team physician or patient care team podiatrist provides collaboration and consultation. The bill also makes clear that a student physician assistant shall not be required to be licensed in order to engage in acts that otherwise constitute practice as a physician assistant, provided that the student physician assistant is enrolled in an accredited physician assistant education program.
  • HB 2284 Driving privileges, certain; Commissioner of DMV to reinstate privileges and waive fees. Directs the Commissioner of the Department of Motor Vehicles to reinstate driving privileges, and to waive fees related to the reinstatement, for individuals whose privileges were suspended prior to July 1, 2019, for failure to pay court fines and costs in other jurisdictions.
  • HB 2300 Hospitals; emergency treatment for substance use-related emergencies. Requires each hospital with an emergency department that is currently regulated by the State Board of Health (the Board) to establish a protocol for treatment and discharge of individuals experiencing a substance use-related emergency, which shall include provisions for (i) appropriate screening and assessment of individuals experiencing substance use-related emergencies and (ii) recommendations for follow-up care, which may include dispensing of naloxone or other opioid antagonist used for overdose reversal, issuance of a prescription for naloxone, and information about accessing naloxone at a community pharmacy or organization that dispenses naloxone or other opioid antagonist to persons without a prescription. Such protocols may also include referrals to peer recovery specialists and community-based providers of behavioral health services or providers of pharmacotherapy for the treatment of drug or alcohol dependence or mental health diagnoses. The bill also directs the Department of Health Professions, together with the Department of Health, to convene a work group to develop recommendations for best practices for the treatment and discharging of patients in emergency departments experiencing opioid-related emergencies, including overdose, which shall include recommendations for best practices related to (a) performing substance use assessments and screenings for patients experiencing opioid-related overdose and other high-risk patients; (b) prescribing and dispensing naloxone or other opioid antagonists used for overdose reversal; (c) connecting patients treated for opioid-related emergencies, including overdose, and their families with community substance abuse resources, including existing harm reduction programs and other treatment providers; and (d) identifying barriers to and developing solutions to increase the availability and dispensing of naloxone or other opioid antagonist used for overdose reversal at hospitals and community pharmacies and by other community organizations. The bill also provides that hospitals in the Commonwealth may enter into agreements with the Department of Health for the provision to uninsured patients of naloxone or other opioid antagonist used for overdose reversal.
  • HB 2314 Special education; Bd. of Education to amend certain regulation. Requires the Board of Education to amend a certain regulation relating to special education to remove the word “component” following the word “evaluation,” thereby ensuring compliance with the relevant federal regulation and clarifying that the parent of a child with a disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local educational agency.

Commissions & Boards

Joint Commission on Health Care

Source: Website

The JCHC was established as a standing commission of the Virginia General Assembly in 1992. JCHC seeks through its research, recommendations, and legislative actions to “ensure that the Commonwealth as provider, financier, and regulator adopts the most cost-effective and efficacious means of delivery of health care services so that the greatest number of Virginians receive quality health care.” JCHC’s statutory purpose and authority are denoted in Code of Virginia §§ 30-168 through 170.

State Executive Council for Children’s Services

Source: Webpage

To oversee the administration of Office of Children’s Services and make such decisions as may be necessary to carry out its purposes.

Commonwealth Council on Aging

Source: Webpage

To promote an effective, coordinated approach to meeting the needs of older Virginians.

Child Support Guidelines Review Panel

Source: Webpage

Review Child Support Guidelines established pursuant to § 20-108.2 H. The Panel shall determine the adequacy of the guideline for the determination of appropriate awards for the support of children by considering current research and data on the cost of and expenditures necessary for rearing children, and any other resources it deems relevant to such review.

Virginia Disability Commission

Source: Webpage

The purpose of the Commission is to identify and recommend legislative priorities and policies for adoption or examination by the General Assembly in order to provide ongoing support in developing and reviewing services and funding related to Virginians with physical and sensory disabilities.

Commonwealth Council on Aging

Source: Webpage

To promote an effective, coordinated approach to meeting the needs of older Virginians.

Alzheimer’s Disease and Related Disorders Commission

Source: Website

The 15 appointed members of the Commission serve in an advisory capacity to the Governor and the Secretary of Health and Human Resources (HHR), and assist people with Alzheimer’s disease or related disorders, as well as their caregivers. Commission meetings are held quarterly and members also serve on workgroups. In 2011 the Commission released Virginia’s first Dementia State Plan, which was updated in 2015 and will be revised every four years to remain receptive to the needs of persons with dementia and their caregivers. The Commission also sponsors a website that is accessible to Virginia citizens who wish to learn more about the Commonwealth’s commitment to those affected by Alzheimer’s disease and other forms of dementia. This website contains information that can assist both family members and community service providers. It lists a series of free educational “webinars” on topics that impact persons dealing with the disease. The website is www.alzpossible.org.

Autism Advisory Council

Source: Webpage

To promote coordination of services and resources among agencies involved in the delivery of services to Virginians with autism spectrum disorders and to increase public awareness of such services and resources.

Block Grants

Source: Webpage

To ensure the continued receipt of federal funds pursuant to the Preventive Health and Human Services Block Grant, the Community Services Block Grant, or any other federal block grant program requiring legislative public hearings.
Report Date: The Subcommittee shall be continued for so long as federal law requires legislative hearings as a condition of any application for or receipt of any federal block grant moneys.

Commonwealth Health Research Board

Source: Website

Provide financial support, in the form of grants, donations, or other assistance, for research efforts that have the potential of maximizing human health benefits for the citizens of the Commonwealth.

Joint Subcommittee for Health and Human Resources Oversight

Source: Webpage

The Joint Subcommittee shall monitor, evaluate and respond to federal legislation that repeals, amends or replaces the Affordable Care Act (ACA), Medicaid (Title XIX of the Social Security Act), the Children’s Health Insurance Program (Title XXI of the Social Security Act) or any proposals to block grant or change the method by which these programs are funded. The joint subcommittee shall recommend actions to be taken by the General Assembly to address the impact of any such federal legislation that would affect the state budget and health care coverage now available to Virginians. Furthermore, the subcommittee shall evaluate federal changes for opportunities to improve Virginia’s Medicaid and other health insurance programs. The Joint Subcommittee shall provide ongoing oversight of initiatives and operations of the Health and Human Resources agencies.The joint subcommittee shall examine progress made in implementing changes to: (i) Medicaid managed care programs, including managed long-term supports and services (the Commonwealth Coordinated Care Plus program) and changes to the Medallion program; (ii) Medicaid waiver programs including the Medicaid waivers serving individuals with developmental disabilities; (iii) the Medicaid Enterprise System; (iv) improve eligibility, enrollment and renewal processes in the Medicaid and CHIP programs; (v) the organizational structure and realignment of staff and resources of the Department of Medical Assistance Services resulting from the change from a fee-for-service to a managed care delivery system; (vi) improve the cost effective delivery of services through the Comprehensive Services Act; and (vii) initiatives and programmatic changes across the Health and Human Resources agencies to ensure efficient and effective use of resources across the Secretariat.

Health Insurance Reform Commission

Source: Webpage

The Health Insurance Reform Commission was established by House Bill 2138 of the 2013 Session. The Commission’s powers and duties include monitoring the implementation of the federal Patient Protection and Affordable Care Act (the Act); assessing proposed mandated health insurance benefits and providers; and developing recommendations to increase access to health insurance coverage are reasonable, and encourage a robust market for health insurance products in the Commonwealth.

Virginia Health Workforce Development Authority,

Source: Website

To provide for the health, welfare, convenience, knowledge, benefit, and prosperity of the residents of the Commonwealth and such other persons who might be served by the Authority. The Authority is being established to move the Commonwealth forward in achieving its vision of ensuring a quality health workforce for all Virginians.

Henrietta Lacks Commission

Source: Webpage

The Henrietta Lacks Commission (the Commission) is established as an advisory commission in the executive branch of state government. The purpose of the Commission is to sustain the legacy of the life-changing contribution of Henrietta Lacks to medical science by advancing cancer research and treatment through the creation of a biomedical research and data center.

Advisory Council on Pediatric Autoimmune Neuropsychiatric Disorders (PANS) Associated with Streptococcal Infections and Pediatric Acute-Onset Neuropsychiatric Syndrome (PANDAS)

Source: Webpage

There is hereby created in the executive branch of state government the Advisory Council on Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections and Pediatric Acute-onset Neuropsychiatric Syndrome (the Advisory Council), for the purpose of advising the Commissioner of Health on research, diagnosis, treatment, and education relating to pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome

Task Force on Services for Survivors of Sexual Assault

Source: Webpage

Develops model treatment and transfer plans for use by transfer hospitals, treatment hospitals, and pediatric health care facilities and works with hospitals and pediatric health care facilities to facilitate the development of treatment and transfer plans; develops model written transfer agreements for use by treatment hospitals, transfer hospitals, and pediatric health care facilities and works with treatment hospitals, transfer hospitals, and pediatric health care facilities to facilitate the development of transfer agreements; develops model written agreements for use by treatment hospitals and approved pediatric health care facilities required to enter into agreements with rape crisis centers; works with treatment hospitals and approved pediatric health care facilities to develop plans to employ or contract with sexual assault forensic examiners to ensure the provision of treatment services to survivors of sexual assault by sexual assault forensic examiners, including plans for implementation of on-call systems to ensure availability of sexual assault forensic examiners; and works with treatment hospitals and approved pediatric health care facilities to identify and recommend processes to ensure compliance with law related to the creation, storage, and retention of photographic and other documentation and evidence.

Southwest Virginia Health Authority

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Senate Commerce and Labor CommitteeLabor and Commerce Committee (House)

Meets on: Tuesday and Thursday at ½ hour after adjournment in House Committee Room

Members Jeion Ward (Chair) – Hala Ayala – Lamont Bagby – Jeff Bourne – Kathy Byron – Wendy Gooditis –   Elizabeth Guzman – Christopher Head – Steve Heretick – Mark Keam – Terry Kilgore – Kaye Kory – Alfonso Lopez – Danny Marshall – Mike Mullin – Israel O’Quinn – Margaret Ransone – Rip Sullivan – Lee Ware – Michael Webert – Tony Wilt

12 Democrats and 9 Republicans

Subcommittees:

  • Subcommittee #1
  • Subcommittee #2
  • Subcommittee #3
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Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1807 Health maintenance organizations; insolvency.
  • HB 1818 Workers’ compensation; presumption of compensability for certain diseases.
  • HB 1829 Health insurance; credentialing health care providers.
  • HB 1832 Virginia Highway Corporation Act; alteration of certificate of authority, powers and duties of SCC.
  • HB 1834 Electric generating facility closures; public disclosure, integrated resource plans.
  • HB 1877 Legal service plans; seller registration.
  • HB 1881 Enterprise zone job creation grants; wage requirements.
  • HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms.
  • HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission.
  • HB 1896 Essential health benefits; abortion coverage.
  • HB 1907 Electric utilities; advanced renewable energy buyers.
  • HB 1923 Broadband capacity; expands existing pilot program, municipal broadband authorities.
  • HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report.
  • HB 1942 Public adjusters; continuing education requirements
  • HB 1964 State Corporation Commission; supervisory merger or transfer of assets of certain unions.
  • HB 1965 State Air Pollution Control Board; low-emissions and zero-emissions vehicle program.
  • HB 1985 Workers’ compensation; presumption of compensability for COVID-19.
  • HB 1994 Small agricultural generators; expands definition.
  • HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental disorder.
  • HB 2032 Employees providing domestic service; application of laws applicable to employee safety.
  • HB 2034 Electric utilities; nonjurisdictional customers, third party power purchase agreements.
  • HB 2036 Virginia Employment Commission; communications with parties, use of electronic means, report.
  • HB 2040 Unemployment compensation; continuation of benefits, repayment of overpayments.
  • HB 2062 Food delivery platforms; agreements required, penalty.
  • HB 2063 Virginia Overtime Wage Act; overtime compensation employees, definitions, penalties.
  • HB 2121 State Corporation Commission; business entities filings.
  • HB 2134 Employee classification; provision of personal protective equipment in response to a disaster.
  • HB 2137 Paid sick leave; employers to provide to certain employees.
  • HB 2207 Workers’ compensation; presumption of compensability for COVID-19.
  • HB 2219 Pharmacies; freedom of choice by covered individual.
  • HB 2250 Humane Cosmetics Act; civil penalties.
  • HB 2257 Hampton Roads Sanitation District; changes to the enabling act.
  • HB 2269 Solar energy projects and energy storage systems; revenue share for projects and systems.
  • HB 2282 State Corporation Commission; transportation electrification, utility recovery of certain costs.
  • HB 2304 Phase I or Phase II electric utilities; provision of broadband capacity.
  • HB 2332 Commonwealth Health Reinsurance Program; established, report.
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Labor and Commerce Committee hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14 1/19 1/26 1/28 1/28 2/2 2/8 2/11 2/16 2/18 

Subcommittee#1: 1/19 1/26 1/26 

Subcommittee#2: 1/21 1/28 2/11 2/16 2/18 

Subcommittee#3: 1/18 1/25 2/1 2/15 

Summary

Meets on: Tuesday and Thursday at ½ hour after adjournment in House Committee Room

Members Jeion Ward (Chair) – Hala Ayala – Lamont Bagby – Jeff Bourne – Kathy Byron – Wendy Gooditis –   Elizabeth Guzman – Christopher Head – Steve Heretick – Mark Keam – Terry Kilgore – Kaye Kory – Alfonso Lopez – Danny Marshall – Mike Mullin – Israel O’Quinn – Margaret Ransone – Rip Sullivan – Lee Ware – Michael Webert – Tony Wilt

12 Democrats and 9 Republicans

Subcommittees:

  • Subcommittee #1
  • Subcommittee #2
  • Subcommittee #3

News

i

Note: Details on bills passed below are in the Heading “Bills passed”)

  • HB 1807 Health maintenance organizations; insolvency.
  • HB 1818 Workers’ compensation; presumption of compensability for certain diseases.
  • HB 1829 Health insurance; credentialing health care providers.
  • HB 1832 Virginia Highway Corporation Act; alteration of certificate of authority, powers and duties of SCC.
  • HB 1834 Electric generating facility closures; public disclosure, integrated resource plans.
  • HB 1877 Legal service plans; seller registration.
  • HB 1881 Enterprise zone job creation grants; wage requirements.
  • HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms.
  • HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission.
  • HB 1896 Essential health benefits; abortion coverage.
  • HB 1907 Electric utilities; advanced renewable energy buyers.
  • HB 1923 Broadband capacity; expands existing pilot program, municipal broadband authorities.
  • HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report.
  • HB 1942 Public adjusters; continuing education requirements
  • HB 1964 State Corporation Commission; supervisory merger or transfer of assets of certain unions.
  • HB 1965 State Air Pollution Control Board; low-emissions and zero-emissions vehicle program.
  • HB 1985 Workers’ compensation; presumption of compensability for COVID-19.
  • HB 1994 Small agricultural generators; expands definition.
  • HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental disorder.
  • HB 2032 Employees providing domestic service; application of laws applicable to employee safety.
  • HB 2034 Electric utilities; nonjurisdictional customers, third party power purchase agreements.
  • HB 2036 Virginia Employment Commission; communications with parties, use of electronic means, report.
  • HB 2040 Unemployment compensation; continuation of benefits, repayment of overpayments.
  • HB 2062 Food delivery platforms; agreements required, penalty.
  • HB 2063 Virginia Overtime Wage Act; overtime compensation employees, definitions, penalties.
  • HB 2121 State Corporation Commission; business entities filings.
  • HB 2134 Employee classification; provision of personal protective equipment in response to a disaster.
  • HB 2137 Paid sick leave; employers to provide to certain employees.
  • HB 2207 Workers’ compensation; presumption of compensability for COVID-19.
  • HB 2219 Pharmacies; freedom of choice by covered individual.
  • HB 2250 Humane Cosmetics Act; civil penalties.
  • HB 2257 Hampton Roads Sanitation District; changes to the enabling act.
  • HB 2269 Solar energy projects and energy storage systems; revenue share for projects and systems.
  • HB 2282 State Corporation Commission; transportation electrification, utility recovery of certain costs.
  • HB 2304 Phase I or Phase II electric utilities; provision of broadband capacity.
  • HB 2332 Commonwealth Health Reinsurance Program; established, report.
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Labor and Commerce Committee hearings
Virginia House of Delegates Video Streaming

Standing Committee: 1/14 1/19 1/26 1/28 1/28 2/2 2/8 2/11 2/16 2/18 

Subcommittee#1: 1/19 1/26 1/26 

Subcommittee#2: 1/21 1/28 2/11 2/16 2/18 

Subcommittee#3: 1/18 1/25 2/1 2/15 

About

Web

VA Legislative Information Systems (LIS), House Committee pages

Subcommittees

Subcommittee #1

Meets on: Tuesday at Immed. upon adj. of full committee in House Committee Room

MembersLamont Bagby (Chair),  Jeff Bourne,  Elizabeth GuzmanKaye Kory,  Mike Mullin,   Margaret Ransone,  Lee Ware,  Tony Wilt

Subcommittee #2

Meets on: Thursday at Immed. upon adj. of full committee in House Committee Room

MembersSteve Heretick (Chair),  Kathy ByronWendy Gooditis,  Christopher Head,  Alfonso Lopez,  Rip Sullivan,  Michael Webert,

Subcommittee #3

Meets on: the call of the Chair in House Committee Room

MembersRip Sullivan (Chair), Hala Ayala,  Lamont Bagby,  Steve HeretickMark KeamTerry Kilgore,  Alfonso Lopez, Danny Marshall,   Israel O’Quinn,  Lee Ware

Bills

Bills reported out 

HB 1754 Employer or other person; retaliatory discharge of employee prohibited. Prohibits an employer or other person from discharging or taking other retaliatory action against an employee if such action is motivated by the knowledge or belief that the employee has filed a claim or taken or intends to take certain actions under the Virginia Workers’ Compensation Act.

HB 1786 Minimum wage; farm laborers or farm employees.

HB 1807 Health maintenance organizations; insolvency.

HB 1818 Workers’ compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions.

HB 1822 Health insurance; cost-sharing payments for prescription asthma inhalers.

HB 1829 Health insurance; credentialing health care providers. Provides that provisions requiring health insurers and other carriers to establish reasonable protocols and procedures for reimbursing a health professional for services provided while such professional’s credentialing application is pending also apply to certain health maintenance organizations and to corporations operating dental or optometric plans.

HB 1834 Electric generating facility closures; public disclosure, integrated resource plans. Requires each owner of a large carbon-emitting power plant to provide notice to relevant localities and state agencies about the decision to close the plant within 30 days of making such decision.

HB 1862 Employee protections; medicinal use of cannabis oil.

HB 1877 Legal service plans; seller registration. Provides that a legal services plans seller may offer, advertise, or execute, or cause to be executed by the subscriber, any subscription contract in the Commonwealth if the seller has submitted the seller’s information and fees to the legal services organization for which the seller offers subscription contracts.

HB 1881 Enterprise zone job creation grants; wage requirements. Provides that, for purposes of wage requirements for the enterprise zone job creation grant program, the minimum wage shall be the higher of the state minimum wage or the federal minimum wage.

HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms.

HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission. Permits an insurer that receives approval of an insurance policy form or endorsement from the State Corporation Commission to use the form as soon as it is approved rather than waiting 30 days after the filing date to use it as is current law.

HB 1896 Essential health benefits; abortion coverage.

HB 1907 Electric utilities; advanced renewable energy buyers. Provides that certain accelerated renewable energy buyers that are customers of Dominion Energy Virginia.

HB 1914 Electric utilities; triennial review, period costs, rate reductions. Provides that in a triennial review proceeding, certain utility generation and distribution costs that are not proposed for recovery under various cost recovery mechanisms, at the State Corporation Commission’s discretion, may be attributed to the test periods under review and deemed fully recovered or, if the utility has earned below a certain threshold, may be deferred for recovery over future periods.

HB 1923 Electric utilities; expands existing broadband capacity pilot program.

HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report.

HB 1942 Public adjusters; continuing education requirements. Provides for continuing education requirements for public adjusters and that the insurance continuing education board (the Board), appointed by the State Corporation Commission, is responsible for establishing and monitoring standards for such requirements.

HB 1964 State Corporation Commission; supervisory merger or transfer of assets of certain unions. Amends the provisions governing the supervisory merger or transfer of assets of insolvent credit unions to include state credit unions that are financially unstable.

HB 1984 Electric utilities; triennial review proceeding by SCC, fair rates of return. Provides that the State Corporation Commission, in any triennial review proceeding, including the first triennial review proceeding conducted after January 1, 2021, for Dominion Energy Virginia, may use any methodology it finds consistent with the public interest to determine fair rates of return on common equity for the utility’s generation and distribution services.

HB 1985 Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act.

HB 1994 Small agricultural generators; expands definition.

HB 2003 Consumer Protection Act; prohibited practices, certain advertising related to school quality. Adds as a prohibited practice under the Consumer Protection Act the use in any advertising any information regarding the quality of any public or private elementary or secondary school other than information derived from the school quality indicators contained in the School Quality Profiles.

HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental disorder.

HB 2015 Essential workers; hazard pay, employer to provide personal protective equipment, civil penalty. Requires, that following the declaration by the Governor of a state of emergency that includes or is followed by any additional executive order in furtherance of such declaration that includes a stay-at-home or shelter-in-place order, employers shall (i) compensate each of their essential workers at a rate not less than one and one-half times the essential worker’s regular rate of pay for any hours worked during the closure order and (ii) provide their essential workers with personal protective equipment related to the state of emergency.

HB 2016 Paid family and medical leave program; Virginia Employment Commission required to establish.

HB 2032 Employees providing domestic service; application of laws applicable to employee safety.

HB 2034 Electric utilities; nonjurisdictional customers, third party power purchase agreements.  Provides that for pilot programs under which an owner or operator of a renewable energy generation facility sells electricity to an eligible customer-generator through a third party power purchase agreement, both jurisdictional and nonjurisdictional customers may participate on a first-come, first-serve basis.

HB 2036 Virginia Employment Commission; communications with parties, use of electronic means, report. Authorizes the Virginia Employment Commission to send notices and other communications related to claims brought under the Virginia Unemployment Compensation Act through email or other electronic means in lieu of mail if a party to the claim so elects.

HB 2037 Unemployment compensation; benefits, suitable work, benefits charges. Provides that, under specific conditions related to the COVID-19 virus, work will not be deemed suitable and benefits will not be denied to any otherwise eligible individual for refusing to accept new work.

HB 2040 Unemployment compensation; failure to respond, continuation of benefits, repayment of overpayments. Provides that an employer shall be deemed to have established a pattern of failing to respond timely or adequately to written requests for information relating to claims if the Virginia Employment Commission determines that the employer has failed to respond timely or adequately to a written request for information relating to a claim on two or more occasions within a 48-month window and requires such employer to pay a penalty upon his second such failure to respond timely or adequately.

HB 2048 Electric utility regulation; purchasing from competitive suppliers. Authorizes individual retail customers of electric energy to purchase electric energy provided 100 percent from renewable energy from any licensed competitive supplier of electric energy, including any incumbent electric utility.

HB 2049 Electric utilities; eliminates customer credit reinvestment offsets.

HB 2062 Food delivery platforms; agreements required, penalty. Prohibits a food delivery platform, as defined in the bill, from submitting orders on behalf of a consumer or arranging for the delivery of an order from a restaurant, as defined in the bill, without first obtaining an agreement with the restaurant expressly authorizing the food delivery platform to take orders and deliver food prepared by the restaurant.

HB 2063 Virginia Overtime Wage Act; overtime compensation employees, definitions, penalties. Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate not less than one and one-half times the employee’s regular rate of pay, defined in the bill, for any hours worked in excess of 40 hours in any one workweek.

HB 2103 Certain public & private employers to provide earned paid sick time.

HB 2104 Virginia Highway Corporation Act of 1988; repeals Act.

HB 2121 State Corporation Commission; business entities filings. Aligns provisions governing the filings by nonstock corporations, limited liability companies, business trusts, and partnerships related to cancellations, abandonments, name restrictions and registered agent resignations, and entity conversions to the provisions governing such filings for stock corporations.

HB 2134 Employee classification; provision of personal protective equipment in response to a disaster.

HB 2137 Paid sick leave; employers to provide to certain employees. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month.

HB 2160 Electric utilities; triennial review, fair rate of return, customer bill credits. Provides that the State Corporation Commission may, in any triennial review, establish a range above or below the authorized rate of return such that if the combined rate of return on common equity earned by the generation and distribution services is within that range, such combined return is not to be considered either excessive or insufficient, respectively.

HB 2200 Electric utilities; triennial review. Makes various changes to procedures under which the State Corporation Commission reviews the earnings and sets the rates of investor-owned incumbent electric utilities.

HB 2207 Workers’ compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, and correctional officers is an occupational disease compensable under the Workers’ Compensation Act.

HB 2219 Pharmacies; freedom of choice by covered individual. Provides that no insurance carrier, corporation providing preferred provider subscription contracts, or health maintenance organization providing health care plans or its pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of his choice to furnish specialty pharmaceutical benefits under the covered individual’s policy.

HB 2228 Workers’ compensation; injuries caused by repetitive and sustained physical stressors.

HB 2250 Humane Cosmetics Act; civil penalties. Provides civil penalties for the manufacturing, importation, selling, etc. of cosmetics that have test their cosmetics on animals.

HB 2269 Solar energy projects and energy storage systems; revenue share for projects and systems. Allows localities to assess a revenue share of up to $1400 per megawatt on energy storage systems.

HB 2282 State Corporation Commission; transportation electrification, utility recovery of certain costs. Directs the State Corporation Commission (Commission) to report on policy proposals to accelerate transportation electrification in the Commonwealth.

HB 2304 Phase I or Phase II electric utilities; petitions to provide broadband capacity. Makes permanent the pilot program under which a Phase I or Phase II electric utility is permitted to petition the State Corporation Commission to provide broadband capacity to unserved areas of the Commonwealth.

HB 2330 Percentage of Income Payment Program and Fund; DHCD & DSS to adopt rules, etc., for adoption. Requires the Department of Social Services (the Department), in consultation with, as it deems necessary, the Department of Housing and Community Development, to adopt rules or establish guidelines for the adoption, implementation, and general administration of the Percentage of Income Payment Program (PIPP) and the Percentage of Income Payment Fund (Fund).

HB 2332 Commonwealth Health Reinsurance Program; established, report.

Bills Passed

HB 1807 Health maintenance organizations; insolvency. Health maintenance organizations; insolvency. Updates provisions of the Code of Virginia related to insolvency procedures for health maintenance organizations (HMOs) that were inconsistent with the method to address insolvencies provided for members of the Virginia Life, Accident and Sickness Insurance Guaranty Association. HMOs became members of the Association following legislation passed during the 2018 Session.

HB 1818 Workers’ compensation; presumption of compensability for certain diseases. Workers’ compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. The provisions of the bill do not apply to any individual who was diagnosed with hypertension or heart disease before July 1, 2021. This bill incorporates HB 2080 and is identical to SB 1275.

HB 1829 Health insurance; credentialing health care providers. Health insurance; credentialing; health care providers. Provides that provisions requiring health insurers and other carriers to establish reasonable protocols and procedures for reimbursing a health professional for services provided while such professional’s credentialing application is pending also apply to certain health maintenance organizations and to corporations operating dental or optometric plans.

HB 1832 Virginia Highway Corporation Act; alteration of certificate of authority, powers and duties of SCC. Virginia Highway Corporation Act; alteration of certificate of authority; powers and duties of the State Corporation Commission. Requires any application for a transfer, extension, or amendment of a certificate of authority issued under the Virginia Highway Corporation Act to include information demonstrating the financial fitness of the entity applying to operate the roadway. The bill requires an applicant for a toll increase to provide a forward-looking analysis return that will be reviewed by the Department of Transportation that demonstrates that the proposed rates will be reasonable to the user in relation to the benefit obtained, not likely to materially discourage use of the roadway, and provide the operator no more than a reasonable return. The bill also prohibits the State Corporation Commission from authorizing a toll increase if these criteria are not met or if the proposed increase is for more than one year. The bill requires an operator to receive approval from the Commission prior to refinancing any existing debt. This bill is identical to SB 1259.

HB 1834 Electric generating facility closures; public disclosure, integrated resource plans. Electric utilities; closure of carbon-emitting generating units. Requires each owner of a large carbon-emitting power plant to provide notice to relevant localities and state agencies about the decision to close the plant within 30 days of making such decision The bill requires localities in which such facilities are located, and planning district commissions in such localities, to conduct public hearings regarding the impending closure within six months of receipt of such notice. The bill requires the Division of Energy to maintain a public website listing the facilities subject to the requirements of the bill and their anticipated closure dates. As part of an integrated resource plan, the bill requires each utility to submit a facility retirement study for its carbon-emitting facilities and disclose the study to relevant localities and state agencies. This bill is identical to SB 1247.

HB 1877 Legal service plans; seller registration. Legal service plans; seller registration. Provides that a legal services plans seller may offer, advertise, or execute, or cause to be executed by the subscriber, any subscription contract in the Commonwealth if the seller has submitted the seller’s information and fees to the legal services organization for which the seller offers subscription contracts. The bill requires the legal services organization to submit the information and fees to the Commissioner of the Department of Agriculture and Consumer Services within 30 days of receiving such information and fees.

HB 1881 Enterprise zone job creation grants; wage requirements. Enterprise zone job creation grants. Provides that, for purposes of wage requirements for the enterprise zone job creation grant program, the minimum wage shall be the higher of the state minimum wage or the federal minimum wage. The bill also reduces the percentage of the minimum wage that grant eligible jobs must meet. The bill has a delayed effective date of January 1, 2022.

HB 1884 Income tax, state; voluntary inclusion of personal & contact information on appropriate forms. Facilitated enrollment program. Directs the Department of Taxation to include space on the appropriate individual income tax forms for voluntary inclusion of personal and contact information. Such information may be shared with the Department of Medical Assistance Services, the Department of Social Services, or the Virginia Health Benefit Exchange, as applicable, for use in determining eligibility for certain programs. Beginning with tax year 2022, the Department of Taxation shall also include a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Department of Medical Assistance Services and the Department of Social Services. Beginning with tax year 2023, there shall also be included a checkoff box for taxpayers to indicate their consent to the sharing of tax information with the Virginia Health Benefit Exchange. The bill contains provisions allowing disclosure of such information in accordance with the act. The bill also directs the Virginia Health Benefit Exchange to, in consultation with other government agencies and stakeholders, identify systems, policies, and practices to facilitate eligibility determinations and enrollment.

HB 1892 Property and casualty insurance form; approval of form by State Corporation Commission. Property and casualty insurance form approval. Permits an insurer that receives approval of an insurance policy form or endorsement from the State Corporation Commission to use the form as soon as it is approved rather than waiting 30 days after the filing date to use it as is current law.

HB 1896 Essential health benefits; abortion coverage. Essential health benefits; abortion coverage. Removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia. This bill is identical to SB 1276.

HB 1907 Advanced renewable Electric utilities; energy buyers. Electric utilities; advanced renewable energy buyers. Provides that certain accelerated renewable energy buyers that are customers of Dominion Energy Virginia and had subscribed to, as of March 1, 2020, a voluntary companion experimental tariff offering for the purchase of renewable attributes from renewable energy facilities that requires a renewable facilities agreement and the purchase of a minimum of 2,000 renewable attributes annually is exempt from the allocation of the net costs related to procurement of new solar or onshore wind generation capacity, energy, or environmental attributes, or energy storage facilities, by Dominion Energy Virginia. The exemption is based on the amount of Renewable Energy Certificates associated with the customer’s renewable facilities agreements associated with the tariff offering in proportion to the customer’s total electric energy consumption, on an annual basis.

HB 1923 Broadband capacity; expands existing pilot program, municipal broadband authorities. Electric utilities; broadband capacity pilot program. Expands an existing pilot program under which Dominion Energy and Appalachian Power are authorized to provide or make available broadband capacity to Internet service providers in areas of the Commonwealth that are unserved by broadband to include municipal Internet service providers. The current program is restricted to nongovernmental Internet service providers. This bill is identical to SB 1334.

HB 1925 Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; established, report. Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program; handbook. Establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The bill provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the bill. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields. No more than $10 million shall be awarded to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program. Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The bill also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the