Virginia 2023 Regular Session All Bills

VA

Virginia 2023 Regular Session

Virginia Senate Bill SB261

Introduced
1/11/22  
Refer
1/11/22  
Virginia STEM Education Advisory Board; comprehensive review of labor statistics categories; report. Directs the Virginia Science, Technology, Engineering, and Mathematics (STEM) Education Advisory Board (the Board) to perform a comprehensive review of U.S. Bureau of Labor Statistics categories within the standard occupational classification system and assess deficit areas that do not capture Virginia's existing STEM+C (Computing) workforce profile for the purpose of better aligning K-12 and higher education priorities. The Board shall report its findings to the Virginia Economic Development Partnership Authority Office of Education and Labor Market Alignment and the Chairmen of the House Committee on Communications, Technology and Innovation and the Senate Committee on General Laws and Technology no later than October 1, 2022.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB266

Introduced
1/11/22  
Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2022 through 2026 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $100,000 for an individual or $200,000 for married persons. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The bill is a recommendation of the Joint Commission on Health Care. Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2022 through 2026 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $100,000 for an individual or $200,000 for married persons. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The bill is a recommendation of the Joint Commission on Health Care.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB269

Introduced
1/11/22  
Carrying a firearm or explosive material within Capitol Square and the surrounding area; exceptions for law-enforcement officers. Adds an exception for off-duty law-enforcement officers and retired law-enforcement officers to the prohibition of carrying a firearm within Capitol Square and the surrounding area, any building owned or leased by the Commonwealth or any agency thereof, or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB277

Introduced
1/11/22  
Department of Motor Vehicles; Virginia Community Policing Act; race and ethnicity data. Requires the Department of Motor Vehicles to require an applicant for an original driver's license, driver privilege card, special identification card with or without a photograph, and identification privilege card or the renewal or reissue of such license or card to provide his race and ethnicity. The bill prohibits displaying any such data in a readable form on a credential issued by the Department and requires such data to be encoded in the barcode on the back of such license or card. The bill prohibits the release of such data to any entity other than the Department of State Police to be used exclusively for the Virginia Community Policing Act Database. Department of Motor Vehicles; Virginia Community Policing Act; race and ethnicity data. Requires the Department of Motor Vehicles to require an applicant for an original driver's license, driver privilege card, special identification card with or without a photograph, and identification privilege card or the renewal or reissue of such license or card to provide his race and ethnicity. The bill prohibits displaying any such data in a readable form on a credential issued by the Department and requires such data to be encoded in the barcode on the back of such license or card. The bill prohibits the release of such data to any entity other than the Department of State Police to be used exclusively for the Virginia Community Policing Act Database.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB284

Introduced
1/11/22  
Virginia Residential Landlord and Tenant Act; landlord's noncompliance as defense to action for possession for nonpayment of rent. Removes the requirement that a tenant, if in possession of a dwelling unit, must pay for the court to hold the amount of rent found to be due and unpaid pending the issuance of an order pursuant to an action by the landlord for possession based upon nonpayment of rent where the tenant has asserted a defense that there exists upon the leased premises a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupant of the dwelling unit. The bill provides that (i) a tenant may assert such a defense if, prior to the commencement of the action for rent or possession, the landlord or his agent had notice of the condition, was given a reasonable opportunity to remedy the condition, and failed to do so and (ii) while the period of time that is deemed to be a unreasonable delay is left to the court, there shall be a rebuttable presumption that a period in excess of 14 days, changed from 30 days in current law, from receipt of the notification by the landlord is reasonable. Finally, the bill clarifies that not only may the court issue an order that reduces rent by an equitable amount in consideration of the existence of an allowable condition asserted by the tenant, but the court may also refer any matter before it to the proper state or local agency for investigation and report and continue the action or complaint pending completion of such investigation and receipt of the report. Current law allows the court to terminate the rental agreement or order the surrender of the premises to the landlord or require the tenant to deposit with the court any rents that will become due during the period of continuance while the state or local agency investigates. Virginia Residential Landlord and Tenant Act; landlord's noncompliance as defense to action for possession for nonpayment of rent. Removes the requirement that a tenant, if in possession of a dwelling unit, must pay for the court to hold the amount of rent found to be due and unpaid pending the issuance of an order pursuant to an action by the landlord for possession based upon nonpayment of rent where the tenant has asserted a defense that there exists upon the leased premises a condition that constitutes, or will constitute, a fire hazard or a serious threat to the life, health, or safety of the occupant of the dwelling unit. The bill provides that (i) a tenant may assert such a defense if, prior to the commencement of the action for rent or possession, the landlord or his agent had notice of the condition, was given a reasonable opportunity to remedy the condition, and failed to do so and (ii) while the period of time that is deemed to be a unreasonable delay is left to the court, there shall be a rebuttable presumption that a period in excess of 14 days, changed from 30 days in current law, from receipt of the notification by the landlord is reasonable. Finally, the bill clarifies that not only may the court issue an order that reduces rent by an equitable amount in consideration of the existence of an allowable condition asserted by the tenant, but the court may also refer any matter before it to the proper state or local agency for investigation and report and continue the action or complaint pending completion of such investigation and receipt of the report. Current law allows the court to terminate the rental agreement or order the surrender of the premises to the landlord or require the tenant to deposit with the court any rents that will become due during the period of continuance while the state or local agency investigates.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB293

Introduced
1/11/22  
Certificate of public need; inpatient psychiatric services and facilities. Requires the Commissioner of Health (the Commissioner) to impose conditions related to the provision of care to individuals who are the subject of a temporary detention order on certificates of public need for projects involving inpatient psychiatric services and facilities and provides that when determining the public need for a proposed project involving an inpatient psychiatric service or facility, the Commissioner shall not take into consideration existing inpatient psychiatric services or facilities or the impact of approving the application and issuing the certificate of public need for the proposed project on an existing inpatient psychiatric service or facility if the existing inpatient psychiatric service or facility does not provide an adequate amount of service to individuals who are subject to a temporary detention order, as determined by the Commissioner in accordance with regulations of the Board of Health (the Board). The bill directs the Board to adopt regulations establishing a process by which the Commissioner shall annually establish the amount of services for individuals who are subject to a temporary detention order that an existing inpatient psychiatric service or facility must provide.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB299

Introduced
1/11/22  
Refer
1/11/22  
Virginia Sexual and Domestic Violence Victim Fund; purpose; fee apportionment. Provides that the Department of Criminal Justice Services shall adopt guidelines to make funds from the Virginia Sexual and Domestic Violence Victim Fund, which is used to support the prosecution of domestic violence cases and victim services, available to sexual assault service providers and hospitals for the purpose of funding the cost of salaries and equipment for sexual assault forensic examiners, sexual assault nurse examiners, and pediatric forensic nurses, with priority for funding such costs given to such forensic examiners, nurse examiners, and forensic nurses serving rural and underserved communities. The bill also increases the amount apportioned to the Fund from the fixed-fee assessments for misdemeanors and traffic infractions tried in district court.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB340

Introduced
1/11/22  
Freestanding emergency departments. Requires the Board of Health to promulgate regulations related to freestanding emergency departments, defined in the bill as facilities located in the Commonwealth that (i) provide emergency services, (ii) are owned and operated by a licensed hospital and operate under the hospital's license, and (iii) are located on separate premises from the primary campus of the hospital. The bill also requires freestanding emergency departments to make certain disclosures to patients, in advertisements, and on any online platforms associated with such emergency department.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB356

Introduced
1/11/22  
Refer
1/11/22  
Children's Services Act; special education programs. Expands eligibility for services under the Children's Services Act to students who transfer from an approved private school special education program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 (George Washington Regional) for the purpose of providing special education and related services when (i) the public school special education program is able to provide services comparable to those of an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB360

Introduced
1/11/22  
State subsidy of property tax exemptions for disabled veterans and surviving spouses. Requires the Commonwealth to subsidize local real estate tax relief for disabled veterans and surviving spouses of members of the United States Armed Forces killed in action when more than one percent of a locality's real estate tax base is lost due to such state-mandated tax relief programs. The Commonwealth would subsidize only that portion of tax-exempt real estate that exceeds the one percent threshold. The bill requires the Auditor of Public Accounts to establish an application process whereby a locality would demonstrate that more than one percent of its real estate tax base was lost. The Auditor would certify to the Governor and the General Assembly those localities that would be eligible for a subsidy, and the Governor would include in the Budget Bill a proposed appropriation of the amount of the state subsidy to be provided to localities certified as eligible localities.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB367

Introduced
1/11/22  
Horse racing tax. Provides that 0.01 percent of the amount that a horse racing licensee retains from wagering on historical horse racing pools shall be deposited in the Problem Gambling Treatment and Support Fund. The bill reduces from 0.75 percent to 0.74 percent the percentage of such retained amount that accrues to the general fund.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB368

Introduced
1/11/22  
Vehicle history report companies; notifications. Requires vehicle history report companies, as defined in the bill, to notify a vehicle owner and lienholder, if any, if his vehicle has been deemed nonrepairable or any comparable term in the records of such company. The bill requires vehicle history report companies to establish and maintain a process for disputing such a designation and, if appropriate, having it corrected in a timely manner. The bill provides that a failure to notify the owner constitutes a violation of the Virginia Consumer Protection Act. The bill authorizes the Department of Motor Vehicles to release the name and address of the vehicle owner and lienholder for the purpose of such notification.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB373

Introduced
1/11/22  
Emergency custody; extension; medical testing, observation, or treatment. Provides that a magistrate may, upon the sworn petition of the Commissioner of Behavioral Health and Developmental Services or his designee, issue an order extending an emergency custody order for a period of up to 48 hours upon finding that probable cause exists to believe that the behaviors upon which a finding that the person meets the criteria for emergency custody are the result of a medical or physical condition, including substance intoxication or withdrawal, and that the medical standard of care for such medical or physical condition calls for testing, observation, or treatment to prevent harm to the person resulting from such medical or physical condition. Upon issuance of an order extending the period of emergency custody, the person shall be transported to and detained in an appropriate medical care facility for testing, observation, and treatment. Emergency custody; extension; medical testing, observation, or treatment. Provides that a magistrate may, upon the sworn petition of the Commissioner of Behavioral Health and Developmental Services or his designee, issue an order extending an emergency custody order for a period of up to 48 hours upon finding that probable cause exists to believe that the behaviors upon which a finding that the person meets the criteria for emergency custody are the result of a medical or physical condition, including substance intoxication or withdrawal, and that the medical standard of care for such medical or physical condition calls for testing, observation, or treatment to prevent harm to the person resulting from such medical or physical condition. Upon issuance of an order extending the period of emergency custody, the person shall be transported to and detained in an appropriate medical care facility for testing, observation, and treatment.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB376

Introduced
1/11/22  
Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint members and alternate members of the Board. The Board is required to meet in open session at least four times annually, with certain exceptions and requirements. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The Board is tasked with identifying prescription, generic, and other drugs, as defined in the bill, and, in the Board's discretion, conducting an affordability review of the prescription drug product. Factors for the Board to consider that indicate an affordability challenge are listed in the bill. Any person aggrieved by a decision of the Board may request an appeal of the Board's decision, as provided in the bill, and the Attorney General shall have authority to enforce the provisions of the bill. The bill also creates the Prescription Drug Affordability Fund to be used for funding operations of the Board and reimbursing other state agencies for implementing the provisions of the bill. The Board is required to report to the General Assembly twice annually, beginning on July 1, 2023, and December 1, 2023. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. Medicare Part D plans shall not be bound by such decisions of the Board. The bill contains a severability clause and has a delayed effective date of January 1, 2023.
VA

Virginia 2023 Regular Session

Virginia Senate Bill SB382

Introduced
1/11/22  
Virginia Retirement System; increased retirement allowance for certain judges. Increases, for the purposes of determining benefits provided under the Judicial Retirement System, the retirement multiplier from 1 percent to 1.7 percent. The increase would apply only to judges appointed on or after July 1, 2022, who are participants in the hybrid retirement program, and who are at least age 55 at the time of appointment.

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