Virginia 2022 Regular Session All Bills
VA
Virginia 2022 Regular Session
Virginia House Bill HB1336
Introduced
1/21/22
Refer
1/21/22
Report Pass
2/10/22
Engrossed
2/14/22
Refer
2/16/22
Report Pass
2/25/22
Enrolled
3/3/22
Chaptered
4/11/22
Passed
4/11/22
Department of Agriculture and Consumer Services; winery, farm winery, and limited brewery licensees; distribution of wine and beer. Directs the Department of Agriculture and Consumer Services to convene a work group consisting of representatives of the Virginia Alcoholic Beverage Control Authority, the Virginia Wineries Association, the Virginia Wine Wholesalers Association, the Virginia Beer Wholesalers Association, and the Virginia Craft Brewers Guild and other relevant stakeholders to (i) conduct research to determine the appropriate fee structure and general fund appropriation necessary to adequately address staffing needs and perform information technology system upgrades for the purpose of accommodating winery, farm winery, and limited brewery licensees that wish to utilize the services of the Virginia Winery Distribution Company; (ii) evaluate the number of barrels of beer allowed to be distributed by a limited brewery licensee over the course of one year; and (iii) review and evaluate alternative avenues of distribution, other than distribution through the Virginia Winery Distribution Company, that could be made available to limited brewery licensees. The bill directs the work group to report its findings and recommendations to the Board of Directors of the Virginia Winery Distribution Company (the Board) for approval and directs the Board to report any such approved findings and recommendations to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on General Laws no later than October 1, 2022. Department of Agriculture and Consumer Services; winery, farm winery, and limited brewery licensees; distribution of wine and beer. Directs the Department of Agriculture and Consumer Services to convene a work group consisting of representatives of the Virginia Alcoholic Beverage Control Authority, the Virginia Wineries Association, the Virginia Wine Wholesalers Association, the Virginia Beer Wholesalers Association, and the Virginia Craft Brewers Guild and other relevant stakeholders to (i) conduct research to determine the appropriate fee structure and general fund appropriation necessary to adequately address staffing needs and perform information technology system upgrades for the purpose of accommodating winery, farm winery, and limited brewery licensees that wish to utilize the services of the Virginia Winery Distribution Company; (ii) evaluate the number of barrels of beer allowed to be distributed by a limited brewery licensee over the course of one year; and (iii) review and evaluate alternative avenues of distribution, other than distribution through the Virginia Winery Distribution Company, that could be made available to limited brewery licensees. The bill directs the work group to report its findings and recommendations to the Board of Directors of the Virginia Winery Distribution Company (the Board) for approval and directs the Board to report any such approved findings and recommendations to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on General Laws no later than October 1, 2022.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1337
Introduced
1/21/22
Refer
1/21/22
Local regulation of gas-powered leaf blowers; civil penalty. Provides that any locality may by ordinance regulate the use of gas-powered leaf blowers. Prior to enactment of such ordinance, a public hearing is required. The ordinance may include provisions for a civil penalty.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1338
Introduced
1/21/22
Refer
1/21/22
Notices required before sale by trustee. Provides that notice of any proposed sale in execution of a deed of trust shall be given to any personal representative of the deceased's estate whose appointment is recorded at least 75 days prior to the proposed sale and any heirs of the deceased who are listed on the list of heirs recorded at least 75 days prior to the proposed sale. Under current law, there is no time frame within which either such recordation must have been made. The bill further provides that in event of a foreclosure arising from a failure to satisfy periodic payments required by the terms of a deed of trust conveying owner-occupied residential real estate, a notice to the owner shall include the date of the last payment received and the amount received; the total amount of principal, interest, costs, and fees due in arrears; and the remaining total principal balance due on the instrument.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1339
Introduced
1/21/22
Refer
1/21/22
Report Pass
2/11/22
Engrossed
2/14/22
Refer
2/16/22
Report Pass
2/23/22
Engrossed
2/28/22
Engrossed
3/3/22
Facial recognition technology; local law enforcement; campus police. Redefines facial recognition technology, for the purposes of providing criteria for the lawful use of facial recognition technology by law enforcement, as conducting an algorithmic comparison of images of an individual's facial features for the purposes of identification. The bill authorizes local law-enforcement agencies and campus police departments to utilize facial recognition technology for certain authorized uses as defined in the bill. The bill requires that local law-enforcement agencies and campus police departments publicly post and annually update policies regarding the use of facial recognition technology and maintain records regarding the use of facial recognition technology and report the data annually to their communities. The bill also makes it a Class 3 misdemeanor for any facial recognition technology operator employed by a local law-enforcement agency or campus police department to violate the agency or department's policy regarding the use of facial recognition technology or to conduct a search for any other reason than an authorized use. Additionally, the bill requires the Department of State Police to develop a model policy regarding the use of facial recognition technology by January 1, 2023. The bill directs the Virginia State Crime Commission to submit a report with an analysis and recommendations about the use of facial recognition technology to the Chairmen of the Senate Committee on the Judiciary and the House Committee on Public Safety by November 1, 2025. The provisions of the bill expire on July 1, 2026. Facial recognition technology; local law enforcement; campus police. Redefines facial recognition technology, for the purposes of providing criteria for the lawful use of facial recognition technology by law enforcement, as conducting an algorithmic comparison of images of an individual's facial features for the purposes of identification. The bill authorizes local law-enforcement agencies and campus police departments to utilize facial recognition technology for certain authorized uses as defined in the bill. The bill requires that local law-enforcement agencies and campus police departments publicly post and annually update policies regarding the use of facial recognition technology and maintain records regarding the use of facial recognition technology and report the data annually to their communities. The bill also makes it a Class 3 misdemeanor for any facial recognition technology operator employed by a local law-enforcement agency or campus police department to violate the agency or department's policy regarding the use of facial recognition technology or to conduct a search for any other reason than an authorized use. Additionally, the bill requires the Department of State Police to develop a model policy regarding the use of facial recognition technology by January 1, 2023. The bill directs the Virginia State Crime Commission to submit a report with an analysis and recommendations about the use of facial recognition technology to the Chairmen of the Senate Committee on the Judiciary and the House Committee on Public Safety by November 1, 2025. The provisions of the bill expire on July 1, 2026.
VA
Virginia 2022 Regular Session
Virginia House Bill HB134
Introduced
1/7/22
Refer
1/7/22
Involuntary commitment; release of person before expiration of order. Provides that no person who is the subject of an order for involuntary commitment shall be released from a state hospital or licensed hospital and that no community services board shall petition for rescission of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment during the 96-hour period immediately following entry of the order, unless in the opinion of (i) the psychiatrist or clinical psychologist treating the person, based on an evaluation conducted by the psychiatrist or clinical psychologist, and (ii) a second psychiatrist or clinical psychologist who has evaluated the person, the person will not meet the criteria for involuntary commitment if released.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1340
Introduced
1/21/22
Refer
1/21/22
Department of Criminal Justice Services; Commonwealth's Attorneys' Services Council; court-appointed counsel; training standards for interacting with victims of criminal sexual assault. Directs the Department of Criminal Justice Services, in conjunction with the Commonwealth's Attorneys' Services Council, to establish compulsory training standards for law-enforcement officers, attorneys for the Commonwealth, and assistant attorneys for the Commonwealth for sensitivity to and awareness of cultural diversity when interviewing, questioning, or examining in any court proceeding a victim of a criminal sexual offense. The bill also provides that to initially qualify to serve as appointed counsel for an indigent defendant in a general district court, circuit court, or juvenile and domestic relations district court, such attorney shall have completed at least eight hours of MCLE-approved continuing legal education developed by the Virginia Indigent Defense Commission on the topic of diversity, racial bias, or cultural sensitivity when interviewing, cross-examining, or representing the victim of a criminal sexual offense.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1341
Introduced
1/21/22
Refer
1/21/22
Report Pass
2/7/22
Refer
2/7/22
Local correctional facilities and lock-ups; transfer of individuals in need of behavioral health or developmental services. Requires the State Board of Local and Regional Jails (the Board) to establish minimum standards for identification and care of individuals with developmental disabilities in local correctional facilities and procedures for enforcing such minimum standards, including requirements for (i) developmental disabilities screening of individuals committed to local correctional facilities, (ii) referral of individuals committed to local correctional facilities for whom a screening indicates reason to believe the individual may have a developmental disability to an appropriate provider for an assessment to determine whether the individual has a developmental disability and is in need of developmental services, and (iii) transfer of an individual determined to have a developmental disability and to be in need of developmental services from a local correctional facility to a facility at which appropriate developmental services are provided within 72 hours of completion of the assessment. The bill also requires the Board to amend standards governing the delivery of behavioral health services in local correctional facilities and lock-ups to provide that if an individual is assessed as being in need of behavioral health services for severe mental illness, such individual shall be transferred from the local correctional facility or lock-up to a behavioral health facility within 72 hours of the assessment. Currently, standards governing behavioral health services in local correctional facilities and lock-ups require that if a person is assessed as being in need of behavioral health services, the local correctional facility or lock-up shall provide such services. Local correctional facilities and lock-ups; transfer of individuals in need of behavioral health or developmental services. Requires the State Board of Local and Regional Jails (the Board) to establish minimum standards for identification and care of individuals with developmental disabilities in local correctional facilities and procedures for enforcing such minimum standards, including requirements for (i) developmental disabilities screening of individuals committed to local correctional facilities, (ii) referral of individuals committed to local correctional facilities for whom a screening indicates reason to believe the individual may have a developmental disability to an appropriate provider for an assessment to determine whether the individual has a developmental disability and is in need of developmental services, and (iii) transfer of an individual determined to have a developmental disability and to be in need of developmental services from a local correctional facility to a facility at which appropriate developmental services are provided within 72 hours of completion of the assessment. The bill also requires the Board to amend standards governing the delivery of behavioral health services in local correctional facilities and lock-ups to provide that if an individual is assessed as being in need of behavioral health services for severe mental illness, such individual shall be transferred from the local correctional facility or lock-up to a behavioral health facility within 72 hours of the assessment. Currently, standards governing behavioral health services in local correctional facilities and lock-ups require that if a person is assessed as being in need of behavioral health services, the local correctional facility or lock-up shall provide such services. The bill also provides that the local community services board or behavioral health authority shall arrange for the admission of a person determined to be in need of behavioral health services for severe mental illness or severe developmental disability within 72 hours of receipt of notification by the local correctional facility of the need for such admission.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1342
Introduced
1/21/22
Refer
1/21/22
Hospital regulations; policies and procedures related to victims of domestic violence and sexual assault. Requires hospitals to develop and implement written policies and procedures related to the screening and treatment of victims of domestic violence and sexual assault.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1343
Introduced
1/21/22
Refer
1/21/22
Taxation in the Commonwealth. Makes numerous changes to Taxation in the Commonwealth. Makes numerous changes to the Commonwealth's tax structure. The bill provides that the standard deduction for individual income taxes shall be set permanently at $4,500 for individuals and $9,000 for married persons. Under current law, the standard deduction is scheduled to revert to $3,000 and $6,000, respectively, beginning with taxable year 2026. Beginning with taxable year 2022, individual income tax brackets, the filing threshold, the amount of the standard deduction, and the amount of personal exemptions shall be adjusted on an annual basis in accordance with the yearly change in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U). The bill imposes the retail sales and use tax on digital personal property, defined in the bill as a digital product delivered electronically that the purchaser owns or has the ability to continually access without having to pay an additional subscription or usage fee to the seller after paying the initial purchase price. The bill also applies the retail sales and use tax to the following services: admissions; charges for recreation, fitness, or sports facilities; nonmedical personal services or counseling; dry cleaning and laundry services; companion animal care; residential home repair or maintenance, landscaping, or cleaning services when paid for directly by a resident or homeowner; vehicle and engine repair; repairs or alterations to tangible personal property; storage of tangible personal property; delivery or shipping services; travel, event, and aesthetic planning services; and communications services that are not subject to the communications sales and use tax and are not digital personal property. Certain exemptions are provided to the sales and use tax on services, including health care services that must be performed by a person licensed or certified by the Department of Health Professions, veterinary services, professional services, Internet access services, and services provided by a person who does not receive more than $2,500 per year in gross receipts for performance of such services. The bill exempts services purchased by a nonprofit organization and services purchased by a homeowners' association or by a landlord for the benefit of his tenant. The bill also repeals the service exemptions currently provided for the sale of custom programs and modification of prewritten programs. The bill imposes the communications sales and use tax on prepaid calling services and on digital subscription services, defined in the bill as services for which the user pays in order to access and use software, reading materials, or other digital data or applications for a defined period of time, which products the user does not own or have permanent access to outside of such period of time. The bill provides that a portion of the income tax credit for low-income taxpayers who are residents of the Commonwealth shall be refundable. Under current law, eligible taxpayers may claim either (i) a nonrefundable income tax credit equal to $300 for each individual, his spouse, and any dependents or (ii) an income tax credit equal to 20 percent of the federal earned income tax credit. For taxpayers claiming the credit referenced in clause (ii), 50 percent of the value of the credit would be refundable in taxable year 2021, and the refundable portion would increase by five percent each year, becoming fully refundable starting in taxable year 2031. Nonresident taxpayers and resident taxpayers claiming the credit referenced in clause (i) shall not be eligible for a refundable credit. The bill also exempts food purchased for human consumption and essential personal hygiene products (the grocery tax) from all state and regional sales taxes and that, beginning July 1, 2022, food purchased for human consumption and essential personal hygiene products are also exempt from the local sales tax, and the grocery tax is eliminated.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1344
Introduced
1/21/22
Refer
1/21/22
Report Pass
2/9/22
Engrossed
2/14/22
Refer
2/16/22
Right of certain hunters to go on lands of another. Creates exceptions to the prohibition on hunters carrying firearms or bows and arrows on their persons or hunting any game while thereon if (i) their dog is in immediate danger or (ii) they obtained prior permission from the landowner or his agent. The bill also provides that, prior to going on prohibited lands to retrieve his dog during legal, daylight hunting hours, if the land is so posted, a hunter shall attempt to contact the landowner by phone, text, or email using contact information that is clearly provided on such posted signs.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1345
Introduced
1/21/22
Refer
1/21/22
Report Pass
1/27/22
Engrossed
2/1/22
Refer
2/3/22
Report Pass
2/17/22
Enrolled
2/23/22
Chaptered
4/1/22
Passed
4/1/22
Virginia Transplant Council; membership. Adds Children's Hospital of The King's Daughters to the membership of the Virginia Transplant Council.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1346
Introduced
1/21/22
Refer
1/21/22
Powers of local government; trees during development process; replacement and conservation. Expands to all localities provisions that currently allow only certain localities to adopt an ordinance providing for the planting and replacement of trees during the development process and adds more flexibility for implementation and management of tree canopy banks, tree canopy credits, and tree canopy requirements. The bill changes and updates standards, reference documents, and published reference texts, expands options for localities to disburse funds to charitable organizations, and adds percentage specifications for ordinances related to cemeteries. In addition, the bill removes the prohibition of invalidating local ordinances adopted before July 1, 1990, the allowance of 10-year minimum requirements for pre-1990 ordinances, and the inability to invalidate an ordinance adopted that relates to the replacement of trees during the development process in certain localities. The bill allows ordinances that have been made pursuant to the law prior to the effective date of the changes in this bill to not be invalidated by the changes. The bill requires the Virginia State Forester to create standards for tree canopy percentages and to select members for the Stakeholder Advisory Group, established by the bill to provide recommendations on such standards. Some provisions of the bill become effective on July 1, 2022, and some have a delayed effective date of January 1, 2023.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1347
Introduced
1/21/22
Refer
1/21/22
Family life education instruction; school year time limit. Requires each school board that offers a family life education curriculum to limit instruction delivered to students pursuant to such curriculum to one hour per school year in each grade level.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1348
Introduced
1/21/22
Refer
1/21/22
Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated on July 1, 2022, may petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026. The bill has an expiration date of July 1, 2027.
VA
Virginia 2022 Regular Session
Virginia House Bill HB1349
Introduced
1/21/22
Refer
1/21/22
Abortion; born alive human infant; treatment and care; penalty. Requires every physician licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of a human infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the human infant who has been born alive to a hospital for further medical care. A physician who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of a human infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care. Abortion; born alive human infant; treatment and care; penalty. Requires every physician licensed by the Board of Medicine who attempts to terminate a pregnancy to (i) exercise the same degree of professional skill, care, and diligence to preserve the life and health of a human infant who has been born alive following such attempt as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age and (ii) take all reasonable steps to ensure the immediate transfer of the human infant who has been born alive to a hospital for further medical care. A physician who fails to comply with the requirements of this act is guilty of a Class 4 felony and may be subject to disciplinary action by the Board of Medicine. The bill also requires every hospital licensed by the Department of Health to establish a protocol for the treatment and care of a human infant who has been born alive following performance of an abortion and for the immediate reporting to law enforcement of any failure to provide such required treatment and care.