Last Updated: February 27, 2023
Tracked bills will be updated weekly here.
| Bill | Sponsors | Title | Last Action | Latest Version |
|---|---|---|---|---|
| HB 1367 | Carrie E. Coyner | Income tax, state; tax credit for employer contributions to Virginia College Savings Plan accounts. Income tax credit; employer contributions to Virginia College Savings Plan accounts. Provides a nonrefundable income tax credit for taxable years 2023 through 2027 for 35 percent of expenses incurred by a business during the taxable year for contributions into a Virginia College Savings Plan account owned by an employee of the business. If the employee receiving the contribution is a qualified employee, as defined in the bill, the bill specifies that the credit shall not exceed $500 annually for each such employee. If the employee receiving the contribution is a qualified employee who is not highly compensated, as defined in the bill, the bill specifies that the credit shall not exceed $1,000 annually for each such employee. The bill provides that the total amount of tax credits available for a calendar year shall not exceed $5 million and that any unused tax credit may be carried over for three years. | House • Feb 03, 2023: Tabled in Appropriations (20-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23100051D |
| HB 1368 | Carrie E. Coyner | Tax practitioners; work group to consider discussion process, etc. Department of Taxation; policies and procedures; work group. Directs the Department of Taxation to convene a work group for the purpose of studying the Department's current policies and procedures in order to determine options for a mechanism for tax practitioners to provide feedback to the Department on an ongoing basis. | House • Feb 24, 2023: Enrolled | House: Bill text as passed House and Senate (HB1368ER) |
| HB 1369 | Carrie E. Coyner | Income tax, state; installment agreements for payment of taxes. Installment agreements for payment of taxes; report. Requires the Tax Commissioner to offer to enter into an installment agreement with any individual taxpayer under which the taxpayer may satisfy his entire tax liability over a payment term of up to five years. The bill maintains the current law for corporate taxpayers whereby the Tax Commissioner may enter into a written agreement with any taxpayer under which such taxpayer is allowed to satisfy his entire tax liability in installment payments if the Tax Commissioner determines that such agreement will facilitate collection. The bill also removes the power under which the Tax Commissioner may alter, modify, or terminate an installment agreement if it is determined that the financial condition of the taxpayer has significantly changed or if the taxpayer fails to provide a financial condition update upon request. The bill directs the Department of Taxation to convene a working group to study current federal and state policies concerning installment agreements and to make recommendations by November 15, 2023, regarding how the Commonwealth's policies may better align with the installment agreement policies adopted by the Internal Revenue Service.Statutes affected: House: Prefiled and ordered printed; offered 04/04/22 23100055D: 58.1-1817House: Committee substitute printed 23104368D-H1: 58.1-1817 House: Bill text as passed House and Senate (HB1369ER): 58.1-1817 | Senate • Feb 14, 2023: Signed by President | House: Bill text as passed House and Senate (HB1369ER) |
| HB 1400 | Barry D. Knight | Budget Bill. Budget Bill. Amends Chapter 2 of the 2022 Acts of Assembly, Special Session I | House • Feb 25, 2023: Conference substitute printed 23107602D-H1 | House: Conference substitute printed 23107602D-H1 |
| HB 1404 | Kim A. Taylor | Cigarette; definition, delivery sale requirements. Cigarette delivery sale requirements; definition of cigarette. Defines the term "cigarette" for purposes of cigarette delivery sale requirements.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100758D: 18.2-246.6 | Senate • Feb 16, 2023: Signed by President | House: Bill text as passed House and Senate (HB1404ER) |
| HB 1405 | Joseph P. McNamara | Income tax, corporate; returns, affiliated corporations. Corporate income tax returns; filing method for affiliated corporations. Removes the requirement that, in order for a group of affiliated corporations to be granted permission from the Tax Commissioner to change their filing status for corporate income tax purposes, for the previous tax year there would have been no decrease in tax liability computed under the proposed election as compared to the affiliated group's former filing method. The bill retains the current requirement that the affiliated group agree to file returns under both the new filing method and the former method and pay the greater of the two amounts for the taxable year in which the new election is effective and for the immediately succeeding taxable year. This bill is identical to SB 796.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100947D: 58.1-442House: Bill text as passed House and Senate (HB1405ER): 58.1-442 | Senate • Feb 14, 2023: Signed by President | House: Bill text as passed House and Senate (HB1405ER) |
| HB 1417 | R. Lee Ware | Cigars; modifies the statutory tax rate imposed on selling or distributing, etc. Tax on cigars. Modifies the statutory tax rate imposed on selling or distributing cigars by a distributor or remote retail seller by setting such rate at 10 percent of the manufacturer's sales price or $0.30 per cigar, whichever is less. Under current law, the effective rate is 20 percent of the manufacturer's sales price due to language in the Appropriation Act which doubles the statutory rate.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100623D: 58.1-1021.01, 58.1-1021.02House: Committee substitute printed 23104572D-H1: 58.1-1021.01, 58.1-1021.02 | Senate • Jan 25, 2023: Referred to Committee on Finance and Appropriations | House: Committee substitute printed 23104572D-H1 |
| HB 1430 | R. Lee Ware | Energy-intensive trade-exposed (EITE) industries; pilot program for eligible customer exemptions. Virginia Clean Economy Act; non-bypassable charges; energy-intensive trade-exposed (EITE) industries. Defines EITE industries as companies that are constrained in their ability to pass through carbon costs due to international competition, companies that engage in importation of products that cause emission leakage, and critical infrastructure facilities identified by certain federal agencies. The bill directs the State Corporation Commission to establish an EITE customer exemption pilot program for non-bypassable charges in certain provisions of the Virginia Clean Economy Act related to generation of electricity from renewable and zero-carbon sources and development of offshore wind capacity. The pilot program, to be designated as the EITE Pilot Program, shall commence no later than January 1, 2024, and shall have an initial aggregate customer load not to exceed 2,000 megawatts based on each participating customer's load during the previous calendar year. The bill requires the State Corporation Commission to report to the Governor and to the Chairmen of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor on the status of the EITE Pilot Program by March 31, 2025. The provisions of the bill expire on July 1, 2029. | Senate • Feb 20, 2023: Stricken at request of Patron in Commerce and Labor (12-Y 0-N) | House: Committee substitute printed 23104346D-H1 |
| HB 1442 | Joseph P. McNamara | Transient occupancy tax; administration. Transient occupancy tax; administration. Requires the Department of Taxation to annually publish on its website the current transient occupancy tax rates imposed in each locality. The bill also (i) requires the tax-assessing officer of a locality to administer and enforce the assessment and collection of transient occupancy taxes from accommodations intermediaries, (ii) specifies certain return filing requirements for accommodations intermediaries, and (iii) directs the Compensation Board to contract with a third-party provider for development of an electronic interface that enables accommodations intermediaries, beginning on July 1, 2024, to provide a single filing and remittance system for transient occupancy taxes due for all localities. | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB1442ER) |
| HB 1456 | Joseph P. McNamara | Income tax, state; pass-through entities. Income tax; pass-through entities. Makes changes to the elective entity level tax on pass-through entities effective beginning with taxable year 2021. The bill would impose the tax only on the share of income, gain, loss, or deduction attributable to eligible owners as opposed to imposing the tax on the entire entity. The bill defines "eligible owner" as an owner of a pass-through entity that is a natural person, estate, or trust. The bill also removes the requirement that to qualify for the tax election a pass-through entity must be 100 percent owned by natural persons or persons eligible to be shareholders in an S corporation. This bill is identical to SB 1476.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102579D: 58.1-390.1, 58.1-390.3House: Committee substitute printed 23103991D-H1: 58.1-390.1, 58.1-390.3 House: Bill text as passed House and Senate (HB1456ER): 58.1-390.1, 58.1-390.3 | Senate • Feb 14, 2023: Signed by President | House: Bill text as passed House and Senate (HB1456ER) |
| HB 1464 | M. Keith Hodges | Cannabis control; establishes framework for creation of retail market, transitional sale, penalties. Cannabis control; retail market; transitional sales; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024. The bill allows, beginning July 1, 2023, certain pharmaceutical and industrial hemp processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23101530D |
| HB 1479 | Timothy V. Anderson | Employer-provided childcare; creates a tax credit for taxable years 2023 through 2027. Employer-provided childcare tax credit. Creates a tax credit for taxable years 2023 through 2027 for qualified childcare expenses, as defined by the bill, incurred by a small business, as defined by the bill, in the amount of 20 percent of such business's aggregate monthly payments made for such expenses in the preceding taxable year. The amount of the credit allowed to a taxpayer shall not exceed $300,000 per taxable year. | House • Feb 07, 2023: Left in Appropriations | House: Prefiled and ordered printed; offered 01/11/23 23101621D |
| HB 1480 | R. Lee Ware | Va. Clean Economy Act; non-bypassable charges, energy-intensive trade-exposed (EITE) industries. Virginia Clean Economy Act; non-bypassable charges; energy-intensive trade-exposed (EITE) industries. Directs the State Corporation Commission to establish an EITE customer exemption pilot program for non-bypassable charges in certain provisions of the Virginia Clean Economy Act related to generation of electricity from renewable and zero carbon sources and development of offshore wind capacity. The bill defines EITE industries as companies that are constrained in their ability to pass through carbon costs due to international competition, companies that engage in importation of products that cause emission leakage, and critical infrastructure facilities identified by certain federal agencies. The bill requires the EITE Pilot Program to commence no later than January 1, 2024, and to have an initial aggregate customer load of 150 to 200 megawatts based on each participating customer's load during the previous calendar year. The State Corporation Commission shall also submit a report to the Governor, the House Committee on Commerce and Energy, and the Senate Committee on Commerce and Labor on the status of the EITE Pilot Program by March 31, 2025. The EITE Pilot Program terminates on January 1, 2028. | House • Jan 17, 2023: Stricken from docket by Commerce and Energy (21-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23101229D |
| HB 1484 | Joseph P. McNamara | Sales Tax; exemption for food purchased for human consumption, essential personal hygiene products. Sales tax; exemption for food purchased for human consumption and essential personal hygiene products. Provides an exemption from local sales and use tax beginning July 1, 2023, for food purchased for human consumption and essential personal hygiene products. The bill also provides an allocation of state revenues to fund the distribution to localities for funding that would have been distributed to them absent the exemption created by the bill. Under current law, such products are exempt from state sales and use tax but are subject to the standard local rate of one percent.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101010D: 58.1-603.1, 58.1-603.2, 58.1-604.01, 58.1-605.1, 58.1-606.1, 58.1-611.1, 58.1-638, 58.1-2425 | House • Feb 07, 2023: Left in Appropriations | House: Prefiled and ordered printed; offered 01/11/23 23101010D |
| HB 1491 | Glenn R. Davis | Small business; redefines for the purposes of certain programs. Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to mean a business that together with its affiliates has both 250 or fewer employees and average annual gross receipts, less the cost of goods sold by the business, of $10 million or less averaged over the previous three years. Currently for these programs, a business qualifies as a small business if, together with its affiliates, it has either 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101859D: 2.2-1604, 2.2-1617, 2.2-4310 | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23101859D |
| HB 1517 | Dawn M. Adams | Virginia Consumer Protection Act; automatic renewal or continuous service offers. Virginia Consumer Protection Act; automatic renewal or continuous service offers; cancellation reminders; prohibited practices. Requires suppliers of automatic renewals or continuous service offers that include a free trial that lasts more than 30 days to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services. The bill provides that failure to notify a consumer of such option is a violation of the Virginia Consumer Protection Act. The bill also makes it a violation of the Virginia Consumer Protection Act for a supplier to fail to disclose the total cost of a good or continuous service to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such service.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101938D: 59.1-200, 59.1-207.46Senate: Committee substitute printed 23106505D-S1: 59.1-200, 59.1-207.46 House: Bill text as passed House and Senate (HB1517ER): 59.1-200, 59.1-207.46 | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB1517ER) |
| HB 1531 | Clinton L. Jenkins | Hampton Roads Interstate Highway Corridor Improvement Program and Fund; established and created. Hampton Roads Interstate Highway Corridor Improvement Program and Fund; sales and use tax; Planning District 23. Creates the Hampton Roads Interstate Highway Corridor Improvement Program for the purpose of making infrastructure and safety improvements to highway corridors surrounding and paralleling interstate highways in Planning District 23. The program is funded by an additional 0.30 percent retail sales and use tax levied and imposed in Planning District 23. The bill provides that moneys generated by such tax shall be deposited in the Hampton Roads Interstate Highway Corridor Improvement Fund, created by the bill. | House • Feb 07, 2023: Left in Transportation | House: Prefiled and ordered printed; offered 01/11/23 23101122D |
| HB 1535 | Clinton L. Jenkins | Commercial motor vehicles; limits driving in left-most lane. Commercial motor vehicles; driving in left-most lane. Limits the locations where a person may drive a commercial motor vehicle in the left-most lane from those interstate highways having more than two lanes in each direction with a posted speed limit of less than 65 miles per hour to those interstate highways having more than two lanes in each direction with a posted speed limit of less than 55 miles per hour.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101150D: 46.2-803.1 | House • Feb 07, 2023: Left in Transportation | House: Prefiled and ordered printed; offered 01/11/23 23101150D |
| HB 1547 | Jeffrey L. Campbell | Cannabis; deconforms from federal law. licensees. Conformity with the Internal Revenue Code; cannabis licensees. Deconforms from federal law, as it applies to Virginia medical and recreational cannabis licensees, the prohibition on a deduction for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business consists of trafficking in a controlled substance prohibited by federal law.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102782D: 58.1-301 | House • Feb 07, 2023: Left in Appropriations | House: Prefiled and ordered printed; offered 01/11/23 23102782D |
| HB 1563 | Hyland F. "Buddy" Fowler, Jr. | Sales and use tax; agricultural exemptions. Sales and use tax; agricultural exemptions. Provides a sales and use tax exemption for property used to produce agricultural products for market in an indoor, closed, controlled-environment commercial agricultural facility. The property exempted includes (i) internal structural components required to create the necessary growing environment for plants, including watering systems, towers for growing plants, and lighting and air systems, and (ii) transparent elements of external structural components of such facilities, including windows, walls, and roofs, that allow sunlight in for the commercial production of agricultural products. The exemption shall not apply to property used in producing cannabis.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102415D: 58.1-609.2House: Committee substitute printed 23104837D-H1: 58.1-609.2 | Senate • Feb 14, 2023: Signed by President | House: Bill text as passed House and Senate (HB1563ER) |
| HB 1595 | Roxann L. Robinson | Internal Revenue Code; conformity of the Commonwealth's taxation system. Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2021, to December 31, 2022. The bill enacts Chapters 6 and 18 of the Acts of Assembly of 2022, Special Session I. The bill contains an emergency clause. This bill is identical to SB 882.Statutes affected: House: Prefiled and ordered printed with emergency clause; offered 01/11/23 23101202D: 58.1-301House: Printed as engrossed 23101202D-E: 58.1-301 House: Bill text as passed House and Senate (HB1595ER): 58.1-301 | Senate • Feb 14, 2023: Signed by President | House: Bill text as passed House and Senate (HB1595ER) |
| HB 1597 | Roxann L. Robinson | Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority. | House • Feb 07, 2023: Left in Health, Welfare and Institutions | House: Prefiled and ordered printed; offered 01/11/23 23100578D |
| HB 1598 | Roxann L. Robinson | Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority. | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB1598ER) |
| HB 1601 | Roxann L. Robinson | Retail Sales and Use tax; agricultural exemptions, structural construction materials, definition. Retail sales and use tax; agricultural exemptions; structural construction materials; definition. Clarifies that for the purpose of agricultural exemptions from the retail sales and use tax the definition of "structural construction materials" does not include structural construction materials and environmental control systems that will be affixed to or integrated into a commercial greenhouse structure that is 50,000 square feet or more in size, provided that such materials and equipment have been ordered to meet the specifications of the commercial greenhouse operator and are necessary for use in the greenhouse structure and growing system.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101843D: 58.1-609.2 | House • Jan 16, 2023: Tabled in Finance (22-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23101843D |
| HB 1605 | James E. Edmunds, II | Local sales and use tax; construction or renovation of schools, Prince Edward County. Local sales and use tax; construction or renovation of schools; Prince Edward County. Adds Prince Edward County to the list of localities that are authorized to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102407D: 58.1-602, 58.1-605 | House • Feb 07, 2023: Left in Finance | House: Prefiled and ordered printed; offered 01/11/23 23102407D |
| HB 1616 | Nadarius E. Clark | Workplace violence; policy required for certain employers, civil penalty. Workplace violence policy required for certain employers; civil penalty. Requires any employer of 100 or more employees to develop, implement, and maintain a workplace violence policy no later than January 1, 2024. The bill includes requirements for such a policy, such as procedures and methods for employee reporting of incidents and post-incident investigations. Employers subject to the bill are required to maintain documentation of workplace violence incidents for not less than five years. An employer that violates the provisions of the bill shall be subject to a civil penalty of not more than $1,000 per violation. The bill prohibits retaliation from an employer on the basis of reporting a workplace violence incident and provides that any employee who makes a report of workplace violence shall be immune from civil liability.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23103250D: 40.1-27.3 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23103250D |
| HB 1621 | Thomas C. Wright, Jr. | State taxes; notice before penalty and interest. State taxes; notice before penalty and interest. Provides that, for taxes administered by the Department of Taxation or other state agencies or bodies, no penalty or interest may be imposed upon a taxpayer for failure to pay a state tax or file a return without first notifying the taxpayer that a return is required to be made or that a tax assessment bill is due and providing a second notice to such taxpayer prior to the date any penalty will be imposed, any interest will begin to accrue, or both, as applicable.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23103391D: 58.1-1812 | House • Feb 07, 2023: Left in Finance | House: Prefiled and ordered printed; offered 01/11/23 23103391D |
| HB 1639 | Wendell S. Walker | Unemployment compensation; reduces time to file appeal. Unemployment compensation; time to file appeal. Reduces from 30 days to 15 days (i) the time after notice of the determination of a claim within which a claimant is required to file an appeal before such determination becomes final and (ii) the time after the date of notification or mailing of an appeal tribunal's decision on an unemployment compensation claim within which a party is required to file a subsequent appeal before such decision becomes final.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23103746D: 60.2-619, 60.2-620 | House • Jan 26, 2023: Tabled in Commerce and Energy (22-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23103746D |
| HB 1669 | Daniel W. Marshall, III | Minimum wage; payment to employees younger than the age of 18. Minimum wage; employees younger than the age of 18. Requires employers to pay employees younger than the age of 18 wages at a rate not less than the greater of (i) $9.00 per hour or (ii) the federal minimum wage.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101112D: 40.1-28.10 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23101112D |
| HB 1686 | Karen S. Greenhalgh | Sales and use tax, local; exemptions for food purchased for human consumption. Local sales and use tax; exemptions. Authorizes the governing board of a city or county to, by ordinance, exempt food purchased for human consumption and essential personal hygiene products from local sales and use tax.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101808D: 58.1-605, 58.1-606 | House • Feb 07, 2023: Left in Finance | House: Prefiled and ordered printed; offered 01/11/23 23101808D |
| HB 1715 | Nadarius E. Clark | Workplace violence; Department of Labor and Industry to convene work group to evaluate, report. Department of Labor and Industry; work group to evaluate workplace violence. Directs the Department of Labor and Industry to convene a work group for the purpose of evaluating the prevalence of workplace violence in the Commonwealth, including its effects on the workplace and measures to address workplace violence. The bill requires the work group to submit a report of its findings and recommendations to the Chairmen of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than December 1, 2025. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23103260D |
| HB 1716 | Nadarius E. Clark | Mental health resources; inclusion on Job Safety and health Protection poster. Safety and Health Codes Board; mental health resources. Directs the Safety and Health Codes Board within the Department of Labor and Industry to include mental health resources from the Department of Behavioral Health and Developmental Services on the Virginia Occupational Safety and Health Program's Job Safety and Health Protection poster that employers are required to keep posted in the workplace. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23103254D |
| HB 1730 | Elizabeth B. Bennett-Parker | Alcoholic beverage control; grounds for suspension or revocation of license, exception. Alcoholic beverage control; grounds for suspension or revocation of license; exception. Provides that with respect to the employment of any person who has been convicted of a felony, except for certain felony convictions outlined in the bill, or any crime involving moral turpitude, a licensee may (i) immediately employ such person if the offense occurred more than two years preceding the date of employment and the person has completed the term of any probation, if applicable, and has been released from the same and (ii) apply to the Virginia Alcoholic Beverage Control Authority for approval of such employment if the offense occurred within two years preceding the date of employment or the person has not yet completed the term of or been released from the term of any probation.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100223D: 4.1-225, 4.1-325, 4.1-325.2, 4.1-509.1 House: Committee substitute printed 23106020D-H1: 4.1-225, 4.1-325, 4.1-325.2, 4.1-509.1 | House • Feb 22, 2023: VOTE: Adoption (97-Y 0-N) | Senate: Floor substitute printed 23107269D-S2 (Surovell) |
| HB 1750 | Michael J. Webert | Cannabis control; establishes framework for creation of retail marijuana market. Cannabis control; retail market; transitional sales; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on January 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025. | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23103987D |
| HB 1753 | Roxann L. Robinson | Alcoholic beverage control; mixed beverage carrier license, airport passenger lounge. Alcoholic beverage control; mixed beverage carrier license; airport passenger lounge. Allows mixed beverage carrier licenses to be granted to financial institutions, subsidiaries of a financial institution, and certain persons under contract with a financial institution or subsidiary that are operating a passenger lounge located within an airport in the Commonwealth, which would authorize the licensee to sell and serve mixed beverages to ticketed air carrier passengers in designated areas of such passenger lounge. The bill contains an emergency clause.Statutes affected: House: Prefiled and ordered printed with emergency clause; offered 01/11/23 23100992D: 4.1-206.3House: Committee substitute printed 23104485D-H1: 4.1-206.3 | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB1753ER) |
| HB 1763 | Elizabeth R. Guzman | Workers' compensation; injuries caused by repetitive and sustained physical stressors. Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that the injuries or diseases occurred over a particular time period, provided that such time period can be reasonably identified.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101079D: 65.2-400 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23101079D |
| HB 1770 | Terry G. Kilgore | Electric utilities; schedule for rate review proceedings. Virginia Electric Utility Regulation Act. Provides that, in lieu of the triennial review proceedings required under current law, Dominion Energy Virginia, beginning in 2023, will be subject to biennial reviews of their rates, terms, and conditions for generation, distribution, and transmission services. The bill also prohibits an investor-owned incumbent electric utility from permanently retiring an electric power generation facility from service after July 1, 2023, without first obtaining the approval of the Commission and a finding by the Commission that the retirement determination, after consideration of the impact of the proposed retirement on reliability or security of electric service to customers, is reasonable and prudent. Such prohibition does not apply to early retirement determinations identified by the utility in an integrated resource plan filed with the Commission by July 1, 2023. | House • Feb 25, 2023: VOTE: Adoption (94-Y 1-N) | House: Conference substitute printed 23107588D-H2 |
| HB 1783 | Israel D. O'Quinn | Natural gas utilities; retail supply choice, definitions. Natural gas utilities; retail supply choice. Allows every person access to distribution service or retail natural gas from a natural gas company authorized to provide natural gas service to the area where the service will be received. The bill prohibits a public entity from adopting an ordinance, resolution, or any other requirement that limits or prohibits customers from acquiring natural gas service and supply from both utility and non-utility gas companies. The bill prohibits public entities from denying building permits solely based on a proposed utility provider and directs public entities to ensure that all applicable permits and fees are reasonable, as compared to other utility providers, and do not restrict an applicant's ability to use the services of an authorized utility provider. | Senate • Feb 13, 2023: Passed by indefinitely in Commerce and Labor (11-Y 4-N) | House: Committee substitute printed 23104676D-H1 |
| HB 1802 | Nicholas J. Freitas | Food product sales; waive government inspection. Food product sales; waive government inspection. Exempts from certain inspection and permitting requirements food products that are otherwise permitted by state law and are sold either at a farmers market or on the premises where such products were grown or produced. Consumers purchasing exempt food products will sign a waiver provided by the seller that includes information about the products and the producers of such products.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101402D: 3.2-5130 | House • Feb 07, 2023: Left in Agriculture, Chesapeake and Natural Resources | House: Prefiled and ordered printed; offered 01/11/23 23101402D |
| HB 1813 | Marie E. March | Fireworks; sale, use, and taxation. Fireworks; sale, use, and taxation. Exempts consumer, display, and permissible fireworks, defined in the bill and relevant law, from the definition of "device" as it pertains to criminal penalties for the possession, manufacture, transportation, distribution, or use of explosive devices. The bill provides that the Statewide Fire Prevention Code does not apply (i) to the sale of permissible or consumer fireworks; (ii) to any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property; or (iii) when such permissible or consumer fireworks are being transported from a locality where they were legally obtained to a locality where they are legally permitted. The bill imposes a 12 percent retail sales and use tax on the sale or use of consumer, display, or permissible fireworks the revenues from which shall be deposited in the Law Enforcement Support Fund, created by the bill. The bill contains technical amendments.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100227D: 18.2-85, 27-95, 27-96.1, 27-97 | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23100227D |
| HB 1829 | Luke E. Torian | Small, women-owned, or minority-owned businesses certification, grant and procurement awards. Grant and procurement awards; certification for small, women-owned, or minority-owned businesses. Requires that for any grant or contract issued or entered into by the Governor, a state agency, or a locality, such entity shall inquire whether the grant recipient, bidder, offeror, or contractor is a small, women-owned, or minority-owned business and whether it is certified by the Department of Small Business and Supplier Diversity (DSBSD) for procurement enhancement. If such business is eligible but not certified, the bill directs DSBSD to provide it with information on the certification process and encourage it to apply for certification.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102189D: 2.2-1605, 2.2-4310, 15.2-950 | House • Feb 02, 2023: Stricken from docket by General Laws (22-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23102189D |
| HB 1846 | Christopher T. Head | Medical marijuana program; product, registration, dispensing, and recordkeeping requirements. Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, expiration dates, allowable deviations, dispensing, packaging, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations. | House • Feb 22, 2023: VOTE: Adoption (75-Y 22-N) | Senate: Committee substitute printed 23107137D-S1 |
| HB 1855 | Suhas Subramanyam | Consumer Protection Act; PFAS chemicals in children's products. Consumer Protection Act; PFAS chemicals in children's products. Prohibits the sale, offering for sale, or manufacturing for sale of a children's product that the supplier knows or has reason to know contains perfluoroalkyl and polyfluoroalkyl substances (PFAS). PFAS is defined in the bill as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. The bill exempts children's products that are used, secondhand, or "seconds" from the prohibition.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102689D: 59.1-200 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23102689D |
| HB 1863 | Phillip A. Scott | Taxation in the Commonwealth; numerous changes to tax structure, report. Taxation in the Commonwealth. Makes numerous changes to the Commonwealth's tax structure with the intention of eliminating the personal income tax. The bill provides that beginning January 1, 2025, all income tax rates shall be reduced by 1.15 percent each year that a tax reduction condition, defined in the bill, is met. Under the bill, tax rate reductions shall occur each year and shall be cumulative until reaching zero. The tax reduction condition would be met and the tax rate reduction would occur in any fiscal year that the amount of general fund revenues collected plus the amount of additional general fund revenues, defined in the bill, is greater than or equal to the amount of general fund appropriations made for such fiscal year plus the amount of revenue reduction that would result from a 1.15 percent reduction in the individual income tax rate. Additional general fund revenues are defined in the bill as general fund revenues that would be generated as a result of the tax policy changes resulting from the bill. The bill would increase the sales and use tax rate to 5.3 percent beginning July 1, 2024, and would increase this rate by one percent each year until reaching 9.3 percent beginning July 1, 2028. The bill would increase the tax on cigarettes by three cents per cigarette and would double the statutory tax rate on tobacco products, with the revenues from such taxes to be deposited in the general fund. The motor vehicle sales and use tax rate would be increased by ... | House • Feb 07, 2023: Left in Finance | House: Prefiled and ordered printed; offered 01/11/23 23100231D |
| HB 1866 | Phillip A. Scott | Alcoholic beverage control; suspension or revocation of certain retail licenses, reinstatement. Alcoholic beverage control; suspension or revocation of certain retail licenses; reinstatement. Provides that if the Board of Directors of the Virginia Alcoholic Beverage Control Authority suspends or revokes the license of a retail establishment due solely to the fact that the establishment's food establishment permit from the Department of Health was revoked or suspended, the Board shall automatically reinstate such license once the Department of Health has reinstated the food establishment permit, provided that the licensee is in compliance with all applicable provisions of law. | House • Feb 25, 2023: Failed to pass in House | House: Printed as engrossed 23101322D-E |
| HB 1873 | Dan I. Helmer | Employee protections; medicinal use of cannabis oil. Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100658D: 40.1-27.4 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23100658D |
| HB 1874 | Dan I. Helmer | Supplemental Nutrition Assistance Program; applying to participate or renewal. Supplemental Nutrition Assistance Program; Special Supplemental Nutrition Program for Women, Infants, and Children; applications. Prohibits the Board of Social Services from requiring persons applying to participate or renewing their participation in the Supplemental Nutrition Assistance Program to appear in person. The bill also codifies the Department of Health's authority to implement a Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program), which is currently authorized by regulation, and prohibits the Department of Health from requiring persons applying to participate or renewing their participation in the WIC program to appear in person.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102771D: 63.2-801House: Committee substitute printed 23105526D-H1: 63.2-801 | House • Feb 07, 2023: VOTE: DEFEATED (45-Y 54-N) | House: Committee substitute printed 23105526D-H1 |
| HB 1881 | Nicholas J. Freitas | Industrial hemp; registration and renewal fees, no fee shall exceed $250. Virginia Cannabis Control Authority; Board of Directors; powers and duties; limitations. Imposes limits on the powers of the Board of Directors of the Virginia Cannabis Control Authority by prohibiting the Board from granting, suspending, or revoking licenses for the cultivation, manufacture, distribution, sale, or testing of marijuana and marijuana products in a manner that allows for the creation of a monopoly or otherwise lessens competition in the marijuana industry in the Commonwealth. The bill also provides that all citizens of the Commonwealth shall have equal access to apply to the Board for any such license and prohibits the Board from setting the fee for such license in excess of $1,000.Statutes affected: House: Committee substitute printed 23104920D-H1: 3.2-4115 | Senate • Feb 22, 2023: Left in Rehabilitation and Social Services | House: Committee substitute printed 23104920D-H1 |
| HB 1885 | Kathy J. Byron | Organized retail theft; establishes as a crime, report, penalty. Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill provides that any person convi... | House • Feb 22, 2023: VOTE: Adoption #2 (52-Y 45-N) | Senate: Committee substitute printed 23106924D-S1 |
| HB 1886 | Kathy J. Byron | Insurance agents; definitions; private family leave insurance. Insurance agents; definitions; private family leave insurance. Expands the definitions of "health agent" and "property and casualty insurance agent" to include that such agents may sell, solicit, or negotiate private family leave insurance. The bill also clarifies that private family leave insurance is not included in either limited lines life and health insurance or limited lines property and casualty insurance as they relate to the definitions of "limited lines life and health agent" and "limited lines property and casualty agent" respectively.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102339D: 38.2-1800 | Senate • Feb 23, 2023: Signed by President | House: Bill text as passed House and Senate (HB1886ER) |
| HB 1895 | Eileen Filler-Corn | Sexual harassment; nondisclosure or confidentiality agreement. Nondisclosure or confidentiality agreements; prohibited nondisparagement provisions; claims of sexual harassment. Provides that no employer may require an employee or prospective employee to execute or renew any provision in a nondisclosure or confidentiality agreement, including any provision regarding nondisparagement, that has the purpose or effect of concealing the details of a sexual harassment claim. Any such provision is against public policy and is void and unenforceable.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23103054D: 40.1-27.3, 40.1-28.01House: Committee substitute printed 23106173D-H1: 40.1-28.01 Senate: Committee substitute printed 23106730D-S1: 40.1-28.01 | House • Feb 25, 2023: VOTE: Adoption (94-Y 1-N) | Senate: Committee substitute printed 23106730D-S1 |
| HB 1922 | John J. McGuire, III | Delta-8 tetrahydrocannabinol; distribution, penalty. Delta-8 tetrahydrocannabinol; distribution; penalty. Makes it a Class 1 misdemeanor to sell, give, distribute, or possess with intent to sell, give, or distribute delta-8 tetrahydrocannabinol, except as authorized in the Drug Control Act. The bill directs the Department of Forensic Science to determine the proper methods for detecting delta-8 tetrahydrocannabinol in substances.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102478D: 18.2-247 | House • Feb 03, 2023: Failed to report (defeated) in Courts of Justice (10-Y 10-N) | House: Prefiled and ordered printed; offered 01/11/23 23102478D |
| HB 1924 | Patrick A. Hope | Minimum wage; employees with disabilities. Minimum wage; employees with disabilities. Provides that individuals with disabilities that are paid at subminimum wage pursuant to the federal Fair Labor Standards Act are employees for the purposes of the Virginia Minimum Wage Act. The bill requires every employer of such employees to pay such employees wages at a rate not less than (i) from July 1, 2023, until July 1, 2024, $9.50 per hour; (ii) from July 1, 2024, until July 1, 2025, $10.50 per hour; and (iii) from July 1, 2025, until July 1, 2026, $11.50 per hour. The bill requires that from and after July 1, 2026, every employer of such employees pay such employees at a rate equivalent to all other employees covered by the Virginia Minimum Wage Act.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101113D: 40.1-28.9, 40.1-28.10 | House • Feb 24, 2023: Enrolled | House: Bill text as passed House and Senate (HB1924ER) |
| HB 1927 | Tara A. Durant | Tax returns; filing returns or payment of taxes by mail. Filing of tax returns or payment of taxes by mail. Provides that a remittance of a tax return or a tax payment shall be deemed to have been timely received if, through no fault of the taxpayer, no postmark is affixed or the postmark affixed by the United States Postal Service is illegible or bears no date and such tax return or payment is received within five days of the due date. The bill also provides that no penalty or interest shall be imposed (i) if a taxpayer provides evidence that a tax return filing or a tax payment was timely by producing a United States Postal Service Certificate of Mailing, or other proof of mailing, showing such return was filed or such payment was made on time or (ii) if a taxpayer's failure to file a return or to pay a tax to a locality was the fault of the United States Postal Service.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100898D: 58.1-9, 58.1-3916 | House • Feb 24, 2023: Enrolled | House: Bill text as passed House and Senate (HB1927ER) |
| HB 1966 | Michael P. Mullin | Workers' compensation; failure to timely pay compensation. Workers' compensation; failure to timely pay compensation. Requires, after the first occurrence of a failure to timely pay compensation under the Virginia Workers' Compensation Act and upon the occurrence of any subsequent or successive failure to pay compensation, that an additional penalty be added to the unpaid compensation amount in an amount that increases from $100 for the first subsequent failure to pay compensation to $500 for the fifth and any subsequent failures to pay compensation. Current law requires a penalty of 20 percent of such unpaid compensation amount for failure to timely pay compensation.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102508D: 65.2-524 | House • Jan 26, 2023: Stricken from docket by Commerce and Energy (22-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23102508D |
| HB 1971 | James A. "Jay" Leftwich | Alcoholic beverage control; slotting fees. Alcoholic beverage control; slotting fees. Requires retail licensees to keep complete, accurate, and separate records of all slotting fees, as defined in the bill, received from a manufacturer of both alcoholic and nonalcoholic beverages, including a manufacturer that licenses its nonalcoholic products brand to another manufacturer for use with an alcoholic product.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23103640D: 4.1-100, 4.1-204 | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23103640D |
| HB 1973 | James A. "Jay" Leftwich | Industrial hemp; selling or offering or sale a topical hemp product, etc. Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabino... | House • Feb 25, 2023: Failed to pass in House | House: Committee substitute printed 23106331D-H1 |
| HB 1978 | James A. "Jay" Leftwich | Taxable income apportionment; retail companies. Taxable income apportionment; retail companies. Provides that, beginning with taxable year 2023, affiliated corporations filing on a consolidated basis may elect to apportion the taxable income of all members of the affiliated group using sales factor alone even if one or more members of the affiliated group would be required to use different apportionment factors if filing separate returns. The election is valid only in taxable years for which 80 percent or more of the affiliated group's sales is derived from retail company activities. This bill is identical to SB 1346.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23102917D: 58.1-422.1House: Bill text as passed House and Senate (HB1978ER): 58.1-422.1 | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB1978ER) |
| HB 1979 | James A. "Jay" Leftwich | Alcoholic beverage control; displays of wine and beer. Alcoholic beverage control; displays of wine and beer. Requires persons licensed to sell wine and beer for off-premises consumption that display such wine and beer outside a clearly discernible location reserved for alcoholic beverages to (i) not place such wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol. The bill clarifies that its provisions do not prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer. This bill is identical to SB 809.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101924D: 4.1-209, 4.1-325, 4.1-325.2House: Printed as engrossed 23101924D-E: 4.1-209, 4.1-325, 4.1-325.2 House: Bill text as passed House and Senate (HB1979ER): 4.1-209, 4.1-325, 4.1-325.2 | Senate • Feb 23, 2023: Signed by President | House: Bill text as passed House and Senate (HB1979ER) |
| HB 1988 | Elizabeth R. Guzman | Employment; paid sick leave, civil penalties. Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently provide paid sick leave for home health workers to cover all employees of private employers and state and local governments. The bill provides that accrued paid sick leave can be carried over to the following year and that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave. The bill provides that paid sick leave may be used for the closure of an employee's place of business by order of a public official due to a public health emergency, for an employee's need to care for a child whose school or place of care has been closed due to a public health emergency, or for an employee to care for himself or a family member who has been exposed to a communicable disease. The bill requires each employer to provide its employees a written notice of its paid sick leave policy at the commencement of employment and prohibits an employer from taking retaliatory personnel action against an employee for exercising the rights provided in the bill. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill and to collect specified amou... | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23103114D |
| HB 2001 | Paul E. Krizek | Alcoholic beverage control; disclosure of alcohol by volume content by certain retail licensees. Alcoholic beverage control; disclosure of alcohol by volume content by certain retail licensees; civil penalty. Requires retail licensees that are authorized to sell and serve alcoholic beverages for on-premises consumption to provide customers with information regarding the alcohol by volume content for each type of alcoholic beverage sold and served on the premises, subject to a civil penalty for violations of this requirement. The bill has a delayed effective date of January 1, 2024.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100490D: 4.1-111 | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23100490D |
| HB 2002 | Eileen Filler-Corn | Workers' compensation; premium discounts for employers providing high-quality work-based learning. Workers' compensation; premium discounts for employers providing high-quality work-based learning experiences. Provides that an insurer providing workers' compensation coverage may provide a premium discount of up to five percent to every employer certified by the Department of Education (the Department) as a high-quality work-based learning employer. The bill requires the Department to certify to the Workers' Compensation Commission (the Commission) each employer that provides high-quality work-based learning experiences and meets the requirements of the Department and the bill as a high-quality work-based learning employer. To be certified, the bill requires an employer to (i) enter into a training agreement with one or more work-based learning students who are 16 years of age or older and attend school in the Commonwealth, the student's parent or guardian, and the school; (ii) develop, in conjunction with the school, a detailed training plan for the work-based learning student that focuses on development of technical skills and employability skills; (iii) assign a mentor to the work-based learning student and assist in monitoring the progress of such student; (iv) provide workers' compensation insurance coverage for the work-based learning student; (v) comply with all federal, state, and local laws and regulations regarding the employment of students; and (vi) meet any other requirements established by the Department. The bill requires an employer to be certified in each y... | House • Jan 26, 2023: Stricken from docket by Commerce and Energy (22-Y 0-N) | House: Prefiled and ordered printed; offered 01/11/23 23102637D |
| HB 2003 | Paul E. Krizek | Employment; training and education, sexual harassment and workplace discrimination. Employment; training and education; sexual harassment and workplace discrimination. Requires each employer with 50 or more employees, including the Commonwealth and its agencies, institutions, and political subdivisions, to provide annual interactive training and education regarding sexual harassment and workplace discrimination by January 1, 2024. The bill includes specific training and education requirements for supervisory and nonsupervisory employees, seasonal and temporary employees who are hired to work for less than six months, and migrant and seasonal agricultural workers. The training and education required under the bill must be provided by an educator or human resources professional with knowledge and expertise in the subject matter and must include a method for employees to electronically save a certificate of completion of such training and education. The bill requires the Department of Labor and Industry to make online courses for the required training available on its website beginning January 1, 2024. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23100842D |
| HB 2023 | Michelle Lopes Maldonado | Wage or salary history inquiries prohibited; civil penalty. Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request; and (vi) failing to set a wage or salary range in good faith. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater; reasonable attorney fees and costs; and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23104189D |
| HB 2035 | Briana D. Sewell | Paid family and medical leave program; Virginia Employment Commission required to establish. Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2026. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2025. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23101650D |
| HB 2087 | Candi Mundon King | Health care providers and grocery store workers; employers to provide paid sick leave. Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2023. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2024.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101753D: 40.1-33.3, 40.1-33.4 | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23101753D |
| HB 2115 | Sally L. Hudson | Unemployment compensation; continuation of benefits, repayment of overpayments. Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill. The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of ... | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23100946D |
| HB 2116 | Sally L. Hudson | Employment; restrictions on use of credit report for employment purposes. Employment; restrictions on use of credit report for employment purposes. Prohibits employers from (i) using a credit report in connection with or as a criterion for employment purposes, (ii) requesting or procuring a credit report for employment purposes, or (iii) requiring an employee or prospective employee to answer a question about the contents of a credit report or the information contained therein. Notwithstanding this prohibition, the bill lists conditions under which an employer or person acting on behalf of an employer may obtain, use, or seek a credit report from an employee or prospective employee. The bill prohibits any waiver of its requirements and prohibits retaliation and other discrimination or adverse action taken by an employer against an employee for alleging a violation of its requirements. The bill provides that the State Corporation Commission shall enforce the requirements of the bill by imposing civil penalties, notifying employers, and conducting informal conferences to assess violations. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23103020D |
| HB 2138 | Joseph P. McNamara | Income tax, state and corporate; business interest, qualified business income deduction. Income tax; business interest; qualified business income deduction; corporate rate reduction. Increases from 30 percent to 50 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code beginning in taxable year 2024. The bill allows an individual income tax deduction in an amount equal to 50 percent of certain federal qualified business income deductions, excluding qualified real estate investment trust dividends. The bill also reduces from six percent to five percent the corporate income tax rate beginning in taxable year 2023.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23104208D: 58.1-322.03, 58.1-400House: Printed as engrossed 23104208D-E: 58.1-322.03, 58.1-400, 58.1-402 | Senate • Feb 08, 2023: Passed by indefinitely in Finance and Appropriations (11-Y 5-N) | House: Printed as engrossed 23104208D-E |
| HB 2148 | Elizabeth R. Guzman | Employment discrimination; employee notification of federal and state statute of limitations. Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer who receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23100860D |
| HB 2167 | Wren M. Williams | Workplace violence; violence in certain public places, penalty. Workplace violence; violence in certain public places; penalty. Makes it a Class 3 felony for any person to commit an act of violence at (i) such person's place of employment or former place of employment, or at any other workplace of the same employer, whether on or off duty and whether during or outside of normal business hours; (ii) a place of worship, including any education building or community center owned or leased by a place of worship; (iii) a courthouse; or (iv) a hospital. The bill provides that such offense is a separate and distinct offense, punishment for which shall be consecutive to any punishment received for the act of violence. | Senate • Feb 15, 2023: Passed by indefinitely in Judiciary (9-Y 6-N) | House: Committee substitute printed 23105966D-H1 |
| HB 2173 | Mark D. Sickles | Bedding and upholstered furniture; exemption from regulation. Bedding and upholstered furniture; exemption from regulation. Exempts from the Board of Health regulations governing bedding and upholstered furniture any items of bedding or upholstered furniture that are 75 years old or older. This bill is identical to SB 1016.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100988D: 32.1-225House: Bill text as passed House and Senate (HB2173ER): 32.1-225 | Senate • Feb 25, 2023: Signed by President | House: Bill text as passed House and Senate (HB2173ER) |
| HB 2176 | Mark D. Sickles | Income tax, state; distribution of revenues to localities, funds for local school construction. Individual income tax; distribution of revenues; local school construction. Requires distribution of five percent of the individual income tax revenues collected from residents of a locality to be distributed to that locality. The bill requires such funds to be used for school construction or renovation purposes and to be repaid to the state if used for any other purpose. The bill provides that a locality shall be required to maintain its level of expenditure for public school purposes as a condition of receiving the income tax revenues; however, a locality may reduce its level of expenditure to account for a loss of revenues resulting from a reduction in machinery and tools taxes. | House • Feb 07, 2023: Left in Finance | House: Prefiled and ordered printed; offered 01/11/23 23104072D |
| HB 2179 | James W. Morefield | Commercial delivery services; authorized use for notice to an employer for violation of safety prov. Department of Labor and Industry; Department of Professional and Occupational Regulation; notice of disciplinary action; method of delivery to allow for confirmation of delivery. Authorizes the use of commercial delivery services with signed and dated acknowledgment of delivery by the Commissioner of Labor and Industry when providing notice to an employer of any proposed penalty for a violation of a safety or health provision or of the employer's failure to abate a violation of a safety or health provision. Under current law, the Commissioner is authorized to provide such required notices only through certified mail or personal service. The bill also requires the regulatory boards of the Department of Professional and Occupational Regulation to send to any regulant subject to a disciplinary action notice in a manner that allows for confirmation of delivery. The bill removes the current requirement that such notice be sent by certified mail, return receipt requested, and retains the provision allowing delivery through electronic means, if agreed to by the parties. This bill is identical to SB 1126.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23104273D: 40.1-49.4, 54.1-201House: Bill text as passed House and Senate (HB2179ER): 40.1-49.4, 54.1-201 | Senate • Feb 23, 2023: Signed by President | House: Bill text as passed House and Senate (HB2179ER) |
| HB 2180 | James W. Morefield | Professional and Occupational Regulation, Department of; universal license recognition. Department of Professional and Occupational Regulation; universal license recognition. Establishes criteria for an individual licensed, certified, or having work experience in another state to apply to a regulatory board within the Department of Professional and Occupational Regulation and be issued an occupational license or government certification if certain conditions are met. This bill is identical to SB 1213. | Senate • Feb 25, 2023: Signed by President | House: Bill text as passed House and Senate (HB2180ER) |
| HB 2193 | Joseph P. McNamara | Income tax, state; rolling conformity, report. Income tax; rolling conformity; report. Provides that Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to federal income tax law as soon as Congress enacts them on or after January 1, 2023. However, the bill provides that Virginia shall not conform to any changes in a single act of Congress with an impact of more than $10 million on revenues in the year in which the amendment was enacted or any of the next four years.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23100949D: 58.1-301House: Printed as engrossed 23100949D-E: 58.1-301 Senate: Committee substitute printed 23106740D-S1: 58.1-301House: Conference substitute printed 23107535D-H1: 58.1-301 | Senate • Feb 25, 2023: Conference report agreed to by Senate (39-Y 0-N) | House: Conference substitute printed 23107535D-H1 |
| HB 2195 | Kathy J. Byron | Workforce development; consolidation of policies and programs, etc. Department of Workforce Development and Advancement created; consolidation of the Commonwealth's workforce development policies and programs; report. Creates the Department of Workforce Development and Advancement (the Department) to administer workforce development programs. The bill consolidates statewide workforce program evaluation and data sharing under the Department and provides protections against improper disclosure of data. The bill provides for the Virginia Board of Workforce Development to conduct an independent evaluation of the operations and program objectives of the Department on a biennial basis with the first report due on December 1, 2025. The bill also (i) transfers administration of apprenticeship programs from the Department of Labor and Industry to the Department, (ii) moves the Innovative Internship Fund and Program from the State Council of Higher Education for Virginia to the Department, and (iii) directs the Secretary of Labor (the Secretary) to conduct a comprehensive review of the Commonwealth's workforce development programs and make recommendations to address a wide range of subjects relating to improving the effectiveness and efficiency of such programs. The Secretary is also required to convene a stakeholder work group to advise the Secretary during the transition period. This bill is a recommendation of the Small Business Commission.Statutes affected: House: Committee substitute printed 23105937D-H2: 2.2-214.2, 2.2-214.3, 2.2-435.10, 2.2-223... | House • Feb 22, 2023: VOTE: Adoption (96-Y 1-N) | Senate: Committee substitute printed 23107114D-S2 |
| HB 2196 | Kathy J. Byron | Sales and use tax, local; exemption for essential personal hygiene products and infant formula. Local sales and use tax; exemption for essential personal hygiene products and infant formula. Exempts essential personal hygiene products and infant formula from the local sales and use tax. Under current law, such products are exempt from state sales and use tax but are subject to the local one percent option. | House • Feb 07, 2023: Left in Appropriations | House: Committee substitute printed 23105174D-H1 |
| HB 2201 | Kathy J. Byron | Association health plans; rates based on employer member's risk profile. Association health plans; base rates based on employer member's risk profile. Provides that for association health plans, an insurer may (i) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims and (ii) utilize each employer member's specific risk profile to determine premium rates for each employer member by actuarially adjusting above or below established base rates.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23101925D: 38.2-3449House: Committee substitute printed 23104883D-H1: 38.2-3521.1 | House • Feb 24, 2023: Enrolled | House: Bill text as passed House and Senate (HB2201ER) |
| HB 2217 | Kathy K.L. Tran | Workforce Innovation and Opportunity Act; Interagency task force, report. Interagency task force on Workforce Innovation and Opportunity Act. Directs the Secretaries of Education and Labor to convene a task force of relevant state agencies who house Title I, II, and III programs and the state's Registered Apprenticeship program, as well as representatives from the Virginia Community College System, the Virginia Economic Development Partnership Authority, the Virginia Board of Workforce Development, the Virginia Association of Workforce Directors, and organized labor, to consider possible alternatives for the alignment of Titles I, II, and III funded by the Workforce Innovation and Opportunity Act. The task force shall include in its review the challenges, opportunities, and costs for each considered reorganization model. The task force shall also consult with the Virginia representative from the U.S. Department of Labor and consider the December 2021 Workforce System Evaluation report submitted to the Governor and the Virginia Board of Workforce Development. The Secretaries of Education and Labor shall submit their executive summary and report by June 30, 2024. | House • Feb 07, 2023: Left in Commerce and Energy | House: Prefiled and ordered printed; offered 01/11/23 23102909D |
| HB 2258 | Roxann L. Robinson | Alcoholic beverage control; beer distribution. Alcoholic beverage control; beer distribution. Creates a restricted wholesale beer license that authorizes the licensee to provide wholesale beer distribution services to brewery and limited brewery licensees, provided that no more than 500 barrels of beer shall be distributed by the corporation to each licensee in any one calendar year. The bill requires the Commissioner of Agriculture and Consumer Services to establish and operate a nonprofit, nonstock corporation to hold such license to promote, develop, and sustain markets for brewery and limited brewery licensees. The bill prohibits the Board of Directors of the Virginia Alcoholic Beverage Control Authority from granting a (i) wholesale wine license to any entity that is owned, in whole or in part, by any manufacturer of alcoholic beverages, any subsidiary or affiliate of such manufacturer, or any person under common control with such manufacturer, and (ii) wholesale beer license to any officer, director, or principal stockholder of a manufacturer of alcoholic beverages or to the spouse of such person; however, the bill exempts from such prohibition any spouse of an officer, director, or principal stockholder of a brewery or limited brewery licensee that was granted such license prior to January 1, 2024.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23104136D: 3.2-102, 4.1-206.2, 4.1-223, 4.1-225.1, 4.1-231.1, 4.1-310.1 House: Committee substitute printed 23105346D-H1: 3.2-102, 4.1-206.2, 4.1-2... | Senate • Feb 22, 2023: Conference report agreed to by Senate (40-Y 0-N) | House: Committee substitute printed 23106099D-H2 |
| HB 2265 | Tony O. Wilt | Industrial hemp; increases maximum THC concentration. Industrial hemp; maximum THC concentration. Increases from 0.3 percent to one percent, in the definition of industrial hemp, the maximum concentration of tetrahydrocannabinol (THC) in the plant Cannabis sativa and excludes hemp products with a THC concentration of one percent or less from (i) the definition of marijuana and (ii) tetrahydrocannabinols as found on Schedule I of the Drug Control Act. The bill allows the Commissioner of Agriculture and Consumer Services to destroy Cannabis sativa found to have a THC concentration greater than one percent only if such Cannabis sativa is intended for human consumption; reduces the application and registration requirements for any person seeking to grow, deal in, or process industrial hemp; and prohibits the Board of Agriculture and Consumer Services and the Commissioner from adopting any regulation that prohibits the use of industrial hemp or hemp products in the production of any commercial feed product regulated by the Board.Statutes affected: House: Prefiled and ordered printed; offered 01/11/23 23104068D: 3.2-4112, 3.2-4114.2, 3.2-4115, 3.2-4801, 18.2-247, 54.1-3401, 54.1-3446 | House • Feb 07, 2023: Left in General Laws | House: Prefiled and ordered printed; offered 01/11/23 23104068D |
| HB 2275 | Terry G. Kilgore | Electricity Utility Regulation, Commission on; membership, integrated resource plans. Energy planning and electric utility oversight. Increases from 10 to 13 the membership of the Commission on Electric Utility Regulation (the Commission) by adding three nonlegislative citizen members; requires the Commission to meet twice annually and to receive an annual report from the State Corporation Commission by November 1 regarding the implementation of the Virginia Electric Utility Regulation Act; requires newly appointed members of the Commission to receive an orientation on electric utility regulation from the State Corporation Commission; and extends the expiration of the Commission from July 1, 2024, to July 1, 2029. The bill requires the Commission to consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly. The bill requires the Division of Renewable Energy and Energy Efficiency of the Department of Energy to present the final Virginia Energy Plan or any updates to the Plan to the the Commission at a public meeting. The bill requires investor-owned electric utilities, as part of preparing any integrated resource plan, to make a draft of their updated integrated resource plan available to the public and to conduct outreach to engage the public and provide opportunities for the public to contribute information and ideas or make inquiries regarding the integrated resource plan. Additionally, the bill requires such electric utilities to conduct an ongoing stakeholder review process for the p... | House • Feb 25, 2023: VOTE: Adoption (93-Y 0-N) | House: Conference substitute printed 23107617D-H2 |
| HB 2294 | Terry G. Kilgore | Industrial hemp; regulated hemp products, etc. Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires that laboratories that test hemp products that are consumed orally or by inhalation have a registration with the U.S. Drug Enforcement Administration. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill caps the total tetrahydrocannabinol in an industrial hemp extract product when offered for retail sale at a total tetrahydrocannabinol concentration that is no more than 0.3 percent and contains no more than two milligrams of total tetrahydrocannabinol per package. The bill also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, desc... | Senate • Feb 24, 2023: Conference report agreed to by Senate (23-Y 17-N) | House: Conference substitute printed 23107328D-H2 |
| HB 2296 | Patrick A. Hope | Liquid nicotine; Secretary of Finance, et al., to assess a licensing scheme, report. Tobacco products tax; liquid nicotine and nicotine vapor products; licensing. Imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill also applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine, creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products, and creates the Virginia Liquid Nicotine and Nicotine Vapor Products Compliance Fund to use tax revenues for enforcement of the new tax and licensing scheme on liquid nicotine and nicotine vapor products. | House • Feb 22, 2023: VOTE: Adoption (90-Y 6-N) | House: Committee substitute printed 23105703D-H1 |
| HB 2311 | Terry G. Kilgore | Virginia Electric Utility Regulation Act; eligible sources for renewable energy. Virginia Electric Utility Regulation Act; renewable energy; eligible sources for renewable energy portfolio standard program. Provides that for the purpose of the Virginia Electric Utility Regulation Act, renewable energy includes energy from nuclear and hydrogen power. The bill provides electric-generating resources that generate electric energy derived from nuclear or hydrogen power located in the Commonwealth or physically located within the PJM region as a renewable energy portfolio standard program source.Statutes affected: House: Presented and ordered printed 23102595D: 56-576, 56-585.5 | House • Feb 07, 2023: Left in Commerce and Energy | House: Presented and ordered printed 23102595D |
| HB 2319 | Joseph P. McNamara | Income tax, state; lowers rates and raises standard deductions. Income tax; rates and deductions. Lowers the top income tax rate from 5.75 percent to 5.5 percent for taxable years beginning on and after January 1, 2024. The bill also raises the standard deduction to $9,000 for single individuals and $18,000 for married persons for taxable years beginning on and after January 1, 2024, but before January 1, 2026.Statutes affected: House: Presented and ordered printed 23103700D: 58.1-320, 58.1-322.03House: Floor substitute printed 23105087D-H1 (Watts): 58.1-322.03, 58.1-339.8 House: Printed as engrossed 23103700D-E: 58.1-320, 58.1-322.03 | Senate • Feb 08, 2023: Passed by indefinitely in Finance and Appropriations (11-Y 5-N) | House: Printed as engrossed 23103700D-E |
| HB 2336 | William C. Wampler III | Alcoholic beverage control; lowers marketplace license fees. Alcoholic beverage control; marketplace license fees. Lowers the annual state license fee from $1,000 to $500 and the annual local license tax from $200 to $100 for marketplace licenses when the license privileges are exercised during a period of six or less consecutive months and such period is specified prior to the beginning of the license year.Statutes affected: House: Presented and ordered printed 23103571D: 4.1-231.1, 4.1-233.1 | House • Feb 20, 2023: Enrolled | House: Bill text as passed House and Senate (HB2336ER) |
| HB 2347 | Michael J. Webert | Regulatory Budget Program; DPB to establish, report. Department of Planning and Budget; Regulatory Budget Program; report. Directs the Department of Planning and Budget, under the direction of the Secretary of Finance, to establish a continuous Regulatory Budget Program with the goal of setting a two-year target for each executive branch agency subject to the Administrative Process Act to (i) reduce regulations and regulatory requirements, (ii) maintain the current number of regulations and regulatory requirements, or (iii) allow regulations and regulatory requirements to increase by a specific amount over a two-year period. The bill requires the Secretary of Finance to report to the Speaker of the House of Delegates and the Chairman of the Senate Committee on Rules on the status of the Program no later than October 1 of each odd-numbered year. Finally, the bill provides that the Department, in consultation with the Office of the Attorney General, shall, by March 1, 2024, issue guidance for agencies regarding the Program and how an agency can comply with the requirements of the Program. The bill has an expiration date of January 1, 2027. | Senate • Feb 08, 2023: Passed by indefinitely in General Laws and Technology with letter (11-Y 4-N) | House: Presented and ordered printed 23101759D |
| HB 2354 | Robert D. Orrock, Sr. | Health care provider panels; changes to provisions related to continuity of care. Health care provider panels; continuity of care. Makes various changes to provisions related to the continuity of care for an enrollee after a provider is terminated from a health insurance carrier's provider panel. The bill requires a carrier that uses a provider panel to establish procedures for notifying an enrollee of (i) the termination from the carrier's provider panel of a provider who was furnishing health care services to the enrollee or furnished health care services to the enrollee in the six months prior to the notice and (ii) the right of an enrollee upon request to continue to receive health care services as provided in the bill following the provider's termination from a carrier's provider panel. The bill requires the carrier to provide such notices prior to the date of the termination of the provider except when a provider is terminated for cause. The bill removes separate notice requirements for the termination of a primary care provider or a specialty referral services provider. The bill provides that a provider is permitted to render health care services to any of the carrier's enrollees for a period of at least 90 days from the date of a provider's termination from the carrier's provider panel, except when a provider is terminated for cause. The bill provides that for an enrollee who (a) has been medically confirmed to be pregnant at the time of a provider's termination, the provider may continue care through the postpartum period; (b) has been determined ... | Senate • Feb 25, 2023: Signed by President | House: Bill text as passed House and Senate (HB2354ER) |
| HB 2355 | Jackie H. Glass | Solar energy generation facilities; consumer protection regulations. Department of Energy; stakeholder work group; consumer protection regulations regarding solar energy generation facilities; report. Directs the Department of Energy to convene a stakeholder work group to develop recommendations for consumer protection regulations regarding the sale or lease of solar energy generation facilities that are under 25 kilowatts in capacity. The Department shall submit a written report of the work group's recommendations to the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor by November 30, 2023. | House • Feb 07, 2023: Left in Commerce and Energy | House: Presented and ordered printed 23103554D |
| HB 2406 | Joseph P. McNamara | Income tax, state; deductions for businesses. Individual income tax; deductions for businesses. Provides an individual income tax deduction for 50 percent of the amount of qualified business income deductible for federal income tax purposes, but excluding the amount of qualified REIT dividends deductible under the same provision of the Internal Revenue Code.Statutes affected: House: Presented and ordered printed 23101009D: 58.1-322.03 | House • Feb 07, 2023: Left in Finance | House: Presented and ordered printed 23101009D |
| HB 2416 | Holly M. Seibold | Retail Sales & Use Tax; exemption fee for a child restraint device. Sales tax exemption; child restraint device. Creates an exemption from the retail sales and use tax for a child restraint device beginning July 1, 2023. This exemption is available only for a child restraint device purchased for personal use by an individual.Statutes affected: House: Presented and ordered printed 23100186D: 58.1-609.10 | House • Feb 03, 2023: Tabled in Appropriations (11-Y 10-N) | House: Presented and ordered printed 23100186D |
| HB 2428 | Tony O. Wilt | Marijuana; advertising restrictions, penalties. Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol unless the advertisement (i) is for a product that may be legally sold in the Commonwealth under certain Articles of the Drug Control Act or (ii) concerns the treatment of addiction or substance abuse or is part of a public health awareness campaign. The bill also defines "tetrahydrocannabinol" or "THC" as any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, synthetic derivatives, salts of isomers, or salts of synthetic derivatives.Statutes affected: House: Committee substitute printed 23106057D-H1: 4.1-600House: Committee substitute printed 23106281D-H2: 4.1-600 | Senate • Feb 25, 2023: Conference report agreed to by Senate (40-Y 0-N) | House: Conference substitute printed 23107590D-H3 |
| HB 2442 | Marcia S. "Cia" Price | Sales tax; additional local tax for schools in City of Newport News. Sales tax; additional local tax for schools. Adds the City of Newport News to the list of localities that, under current law, are authorized to impose an extra one percent local sales tax to provide revenue for constructing or renovating schools.Statutes affected: House: Presented and ordered printed 23103907D: 58.1-602, 58.1-605 | House • Feb 07, 2023: Left in Finance | House: Presented and ordered printed 23103907D |
| HB 2447 | C. Matthew Fariss | Virginia Consumer Protection Act; prohibited practices. Virginia Consumer Protection Act; prohibited practices. Prohibits a seller from imposing any fee or charge as a banking fee or supply chain fee, in connection with the sale of a good or service if such fee or charge is not communicated or otherwise disclosed to the consumer prior to providing or entering into an agreement to provide such good or service.Statutes affected: House: Presented and ordered printed 23102105D: 59.1-200 | House • Feb 07, 2023: Left in Commerce and Energy | House: Presented and ordered printed 23102105D |
| HB 2473 | Holly M. Seibold | Veterans; workplace poster for veterans benefits and services. Department of Labor and Industry; workplace poster for veterans benefits and services. Directs the Department of Labor and Industry, in consultation with the Department of Veterans Services, to create a poster describing benefits and services available to veterans and allows employers to request and display such poster in the workplace. The bill enumerates a minimum group of resources the poster shall include, including (i) Department of Veterans Services' programs, contact information, and website address; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce, and training resources; (iv) tax benefits; (v) eligibility for unemployment insurance benefits; (vi) legal services; and (vii) the U.S. Department of Veterans Affairs Veterans Crisis Line. | House • Feb 07, 2023: Left in Commerce and Energy | House: Presented and ordered printed 23104354D |
| HB 2478 | Irene Shin | Fast Food Industry Workers Standards Board; established. Fast Food Industry Workers Standards Board established. Establishes the Fast Food Industry Workers Standards Board as a policy board within the executive branch of government. The Board shall provide advice and standards to meet the needs of fast food industry workers, defined in the bill, to eliminate the low compensation and poor working conditions that impair the health, efficiency, and well-being of fast food industry workers. The bill authorizes the Board to establish certified worker organizations to provide training on the Board's standards for fast food industry workers and such workers' rights under current labor and employment law. The bill also permits localities to establish local fast food industry standards boards within the guidelines established by the Board. The bill requires fast food industry employers to post notices of any standards promulgated by the Board consistent with the Board's requirements for such notices. Finally, the bill prohibits discriminatory or retaliatory termination of fast food industry workers by fast food industry employers. | House • Jan 31, 2023: Tabled in Rules (12-Y 5-N) | House: Presented and ordered printed 23104334D |
| HB 2491 | M. Keith Hodges | Health insurance; pharmacy benefits managers, employee welfare benefit plans. Health insurance; pharmacy benefits managers; employee welfare benefit plans. Provides that entities providing or administering self-insured or self-funded employee welfare benefit plans are subject to provisions related to pharmacy benefits management, including certain prohibited conduct and recordkeeping requirements.Statutes affected: House: Presented and ordered printed 23102300D: 38.2-3465, 38.2-3470 | House • Feb 02, 2023: Stricken from docket by Commerce and Energy (20-Y 0-N) | House: Presented and ordered printed 23102300D |
| HB 2493 | Kaye Kory | Plastic bag tax; fee usage. Plastic bag tax; fee usage. Allows the revenue from the disposable plastic bag tax to be used for illegal roadside sign cleanup and litter pickup.Statutes affected: House: Presented and ordered printed 23100728D: 58.1-1745 | House • Feb 07, 2023: Left in Finance | House: Presented and ordered printed 23100728D |
| SB 788 | Barbara A. Favola | Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Medical cannabis program; transition from Board of Pharmacy to Virginia Cannabis Control Authority. Transfers oversight and administration of the Commonwealth's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority. The bill has a delayed effective date of January 1, 2024, and is identical to HB 1598. | Senate • Feb 20, 2023: Enrolled | Senate: Bill text as passed Senate and House (SB788ER) |
| SB 792 | Amanda F. Chase | COVID-19 immunization; prohibition on requirement, discrimination prohibited, civil penalty. COVID-19 immunization; prohibition on requirement; discrimination prohibited; civil penalty. Prohibits the State Health Commissioner and the Board of Health, the Board of Behavioral Health and Developmental Services, the Department of Health Professions and any regulatory board therein, and the Department of Social Services from requiring any person, including any child, to undergo vaccination for COVID-19 and prohibits discrimination based on a person's COVID-19 vaccination status (i) with regard to education, employment, or issuance of a driver's license or other state identification or (ii) in numerous other contexts. The bill establishes a civil penalty for violation of this prohibition by an employer.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23100914D: 2.2-2901.1, 2.2-3004, 15.2-1500.1, 15.2-1507, 15.2-1604, 22.1-271.2, 22.1-271.4, 22.1-289.031, 22.1-295.2, 22.1-306, 23.1-800, 32.1-43, 32.1-47, 32.1-47.1, 32.1-48, 44-146.17, 63.2-603, 65.2-402.1 | Senate • Feb 02, 2023: Passed by indefinitely in Education and Health (8-Y 5-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23100914D |
| SB 796 | Scott A. Surovell | Income tax, corporate; returns, affiliated corporations. Corporate income tax returns; filing method for affiliated corporations. Removes the requirement that, in order for a group of affiliated corporations to be granted permission from the Tax Commissioner to change their filing status for corporate income tax purposes, for the previous tax year there would have been no decrease in tax liability computed under the proposed election as compared to the affiliated group's former filing method. The bill retains the current requirement that the affiliated group agree to file returns under both the new filing method and the former method and pay the greater of the two amounts for the taxable year in which the new election is effective and for the immediately succeeding taxable year. This bill is identical to HB 1405.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23100722D: 58.1-442Senate: Bill text as passed Senate and House (SB796ER): 58.1-442 | Senate • Feb 16, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB796ER) |
| SB 800 | Janet D. Howell | Budget Bill. Budget Bill. Amends Chapter 2 of the 2022 Acts of Assembly, Special Session I. | House • Feb 22, 2023: Left in Appropriations | Senate: Prefiled and ordered printed; offered 01/11/23 23103492D |
| SB 809 | Barbara A. Favola | Alcoholic beverage control; displays of wine and beer. Alcoholic beverage control; displays of wine and beer. Requires licensees that sell wine and beer for off-premises consumption, when displaying such wine and beer outside a clearly discernible location reserved for alcoholic beverages, to (i) not place such wine or beer in an area immediately adjacent to nonalcoholic beverages containing the same or similar brand name, logo, or packaging as an alcoholic beverage and (ii) equip any such display with signage that indicates the product is an alcoholic beverage, is clearly visible to consumers, and is of sufficient size to notify the consumer that the product contains alcohol. The bill clarifies that its provisions do not prohibit the placement of nonalcoholic wine or beer in or near a display of alcoholic beverages that contain the same or similar brand name, logo, or packaging as the nonalcoholic wine or beer.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23103455D: 4.1-209, 4.1-325, 4.1-325.2Senate: Printed as engrossed 23103455D-E: 4.1-209, 4.1-325, 4.1-325.2 | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB809ER) |
| SB 833 | Amanda F. Chase | COVID-19 immunization; prohibition on requirement, discrimination prohibited, civil penalty. COVID-19 immunization; prohibition on requirement; discrimination prohibited; civil penalty. Prohibits the State Health Commissioner and the Board of Health, the Board of Behavioral Health and Developmental Services, the Department of Health Professions and any regulatory board therein, and the Department of Social Services from requiring any person, including any child, to undergo vaccination for COVID-19 and prohibits discrimination based on a person's COVID-19 vaccination status (i) with regard to education, employment, or issuance of a driver's license or other state identification or (ii) in numerous other contexts. The bill establishes a civil penalty for violation of this prohibition by an employer.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102361D: 2.2-2901.1, 2.2-3004, 15.2-1500.1, 15.2-1507, 15.2-1604, 22.1-271.2, 22.1-271.4, 22.1-289.031, 22.1-295.2, 22.1-306, 23.1-800, 32.1-43, 32.1-47, 32.1-47.1, 32.1-48, 44-146.17, 63.2-603, 65.2-402.1 | Senate • Feb 02, 2023: Passed by indefinitely in Education and Health (8-Y 5-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102361D |
| SB 845 | J. Chapman Petersen | Immunity of persons at public hearing; statements made by employee against employer. Immunity of persons at public hearing; statements made by employee against employer. Clarifies that the civil immunity provided to any person who makes a statement at a public hearing or that is communicated to a third party applies where such statement is made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102261D: 8.01-223.2 | House • Feb 24, 2023: VOTE: Adoption (92-Y 1-N) | Senate: Conference substitute printed 23107516D-S1 |
| SB 850 | David R. Suetterlein | Sales Tax; exemption for food purchased for human consumption, essential personal hygiene products. Sales tax; exemption for food purchased for human consumption and essential personal hygiene products. Provides an exemption from local sales and use tax beginning July 1, 2023, for food purchased for human consumption and essential personal hygiene products. The bill also provides an allocation of state revenues to fund the distribution to localities for funding that would have been distributed to them absent the exemption created by the bill. Under current law, such products are exempt from state sales and use tax but are subject to the standard local rate of one percent.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102716D: 58.1-603.1, 58.1-603.2, 58.1-604.01, 58.1-605.1, 58.1-606.1, 58.1-611.1, 58.1-638, 58.1-2425 | Senate • Jan 18, 2023: Passed by indefinitely in Finance and Appropriations (12-Y 4-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102716D |
| SB 851 | David R. Suetterlein | Income tax, state; increases standard deduction. Income tax; standard deduction. Increases the standard deduction, starting with taxable year 2023, from $8,000 to $12,500 for single filers and from $16,000 to $25,000 for married filers (one-half of such amount in the case of a married individual filing a separate return). The increase would remain in effect until taxable year 2026, when the standard deduction is scheduled to be reduced to $3,000 for single filers and to $6,000 for married filers.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102730D: 58.1-322.03 | Senate • Jan 25, 2023: Incorporated by Finance and Appropriations (SB1451-Norment) (12-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102730D |
| SB 882 | Janet D. Howell | Internal Revenue Code; conformity of the Commonwealth's taxation system. Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2021, to December 31, 2022. The bill enacts Chapters 6 and 18 of the Acts of Assembly of 2022, Special Session I. The bill contains an emergency clause. This bill is identical to HB 1595.Statutes affected: Senate: Prefiled and ordered printed with emergency clause; offered 01/11/23 23101203D: 58.1-301Senate: Printed as engrossed 23101203D-E: 58.1-301 Senate: Bill text as passed Senate and House (SB882ER): 58.1-301 | Senate • Feb 16, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB882ER) |
| SB 885 | Barbara A. Favola | Alternative beer distribution program; Va. Alcoholic Beverage Control Authority to study. Virginia Alcoholic Beverage Control Authority; work group; alternative beer distribution program; report. Directs the Virginia Alcoholic Beverage Control Authority (the Authority), in coordination with the Department of Agriculture and Consumer Services (the Department), to convene a work group to evaluate alternative avenues of distribution that could be made available to limited brewery and certain brewery licensees. The bill establishes the membership of the work group and directs the work group to develop a legislative proposal that includes (i) analysis of a distribution program similar to the Virginia Winery Distribution Company; (ii) criteria for determining which limited brewery or brewery licensees will be eligible to participate in the distribution program; (iii) criteria for determining which products and the quantity of products that may be distributed through the program; (iv) an implementation plan that includes all actions, including the phasing and sequencing of actions, necessary to make the distribution program operational; (v) a funding model; and (vi) resolution of all issues that remain to be undertaken from the Department's work group required by Chapter 334 of the Acts of Assembly of 2022. The bill requires the Authority to report its findings and recommendations to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by September 15, 2023. | House • Feb 16, 2023: Stricken from docket by General Laws (21-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102118D |
| SB 886 | Scott A. Surovell | Health care providers and grocery store workers; employers to provide paid sick leave. Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Under the bill, an employee of an employer with fewer than 25 employees is not considered a grocery store worker. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2023. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2024.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102622D: 40.1-33.3, 40.1-33.4Senate: Printed as engrossed 23102622D-E: 40.1-33.3, 40.1-33.4 | House • Feb 22, 2023: Left in Commerce and Energy | Senate: Printed as engrossed 23102622D-E |
| SB 903 | Emmett W. Hanger, Jr. | Industrial hemp; establishes provisions for annual retail facility registration. Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, and establishes product packaging, labeling, and testing requirements for such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services. The bill creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain hemp-related violations and increases from $50 to $500 the civil penalty for certain actions relating to sales of cigarettes and hemp products. The bill requires topical hemp products, as defined in the bill, to include a bittering agent and imposes a $500 penalty for violations of such requirement. The bill removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill. The bill (i) provides that oversight of certain provisions of the bill, including provisions related to the registration requirement for retail facilities and packaging, labeling, and testing requirements, shall transfer from the Virginia Department of Agriculture and Consumer Services to the Virginia Cannabis Contr... | House • Feb 24, 2023: VOTE: Adoption (78-Y 14-N) | Senate: Conference substitute printed 23107497D-S3 |
| SB 933 | John S. Edwards | Single-use plastic carrier bags; local prohibition. Single-use plastic carrier bags; local prohibition. Authorizes a locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of any single-use plastic carrier bag that is not recyclable from grocery stores, retail stores, and convenience stores. | Senate • Jan 30, 2023: Failed to report (defeated) in Local Government (6-Y 9-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23101371D |
| SB 950 | J. Chapman Petersen | Income tax, state and corporate; Paycheck Protection Program loans. Taxable income; Paycheck Protection Program loans. Allows an individual and corporate income tax deduction or subtraction, as applicable, for any amount of business expenses funded by forgiven Paycheck Protection Program (PPP) loan proceeds that are paid or incurred prior to taxable year 2023. Under current law, the allowable amount that may be deducted or subtracted is limited to $100,000 of business expenses funded by forgiven PPP loan proceeds paid or incurred prior to taxable year 2021.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102248D: 58.1-322.03, 58.1-402 | Senate • Jan 25, 2023: Passed by indefinitely in Finance and Appropriations (9-Y 4-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102248D |
| SB 985 | Mark J. Peake | Retail Sales and Use Tax; agricultural exemptions, structural construction materials. Virginia Retail Sales and Use Tax Act; agricultural exemptions; structural construction materials. Exempts from certain retail sales and use taxes structural construction materials that are an integral part of a commercial greenhouse structure and growing system, ordered to meet the specifications of an operator of such system, and intended to be affixed to or integrated into a commercial greenhouse structure that is at least 50,000 square feet in size. Current law specifies that structural construction materials to be affixed to real property owned or leased by a farmer, necessary for use in agricultural production for market, and sold to or purchased by a farmer or contractor are not exempt from such taxation.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102700D: 58.1-609.2 | Senate • Jan 25, 2023: Incorporated by Finance and Appropriations (SB1240-Obenshain) (14-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102700D |
| SB 986 | Mark J. Peake | Corporations; filing and meeting requirements. Corporations; filing and meeting requirements. Eliminates the requirement that a document filed with the State Corporation Commission pursuant to the Virginia Stock Corporation Act include the terms, including the preferences, rights, and limitations, of each class or series of shares. The bill changes the timeframe during which a corporation must make available for inspection the shareholders list prepared for a shareholders' meeting from two business days after notice of such shareholders' meeting through such shareholders' meeting to five business days after notice of such shareholders' meeting through the close of business on the last business day before such shareholders' meeting. Finally, the bill eliminates the requirement that a corporation make available for inspection at either an in-person shareholders' meeting or a remote shareholders' meeting the list of shareholders entitled to vote at such shareholders' meeting. This bill is identical to HB 1477.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23103034D: 13.1-604, 13.1-614, 13.1-661Senate: Bill text as passed Senate and House (SB986ER): 13.1-604, 13.1-614, 13.1-661 | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB986ER) |
| SB 992 | Frank M. Ruff, Jr. | Cigars; modifies the statutory tax rate imposed on selling or distributing. Tax on cigars. Modifies the statutory tax rate imposed on selling or distributing cigars by a distributor or remote retail seller by setting such rate at 10 percent of the manufacturer's sales price or $0.30 per cigar, whichever is less. Under current law, the effective rate is 20 percent of the manufacturer's sales price due to language in the Appropriation Act which doubles the statutory rate.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102179D: 58.1-1021.01, 58.1-1021.02 | Senate • Jan 25, 2023: Passed by indefinitely in Finance and Appropriations (8-Y 3-N 1-A) | Senate: Prefiled and ordered printed; offered 01/11/23 23102179D |
| SB 1000 | Barbara A. Favola | Insurance agents; definitions; private family leave insurance. Insurance agents; definitions; private family leave insurance. Expands the definitions of "health agent" and "property and casualty insurance agent" to include that such agents may sell, solicit, or negotiate private family leave insurance. The bill also clarifies that private family leave insurance is not included in either limited lines life and health insurance or limited lines property and casualty insurance as they relate to the definitions of "limited lines life and health agent" and "limited lines property and casualty agent" respectively.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102341D: 38.2-1800 | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB1000ER) |
| SB 1008 | Bill DeSteph | Sales and use tax, local; exemptions for food purchased for human consumption. Local sales and use tax; exemptions. Authorizes the governing board of a city or county to, by ordinance, exempt food purchased for human consumption and essential personal hygiene products from local sales and use tax.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101215D: 58.1-605, 58.1-606 | Senate • Jan 18, 2023: Passed by indefinitely in Finance and Appropriations (10-Y 5-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23101215D |
| SB 1012 | John S. Edwards | Single-use plastic and expanded polystyrene products; state and local prohibition. State and local prohibition on single-use plastic and expanded polystyrene products. Prohibits state agencies beginning July 1, 2024, from contracting for the purchase, sale, and distribution of (i) single-use plastic bags, cutlery, straws, or water bottles and (ii) single-use plastic food service containers and expanded polystyrene food service containers, except during a declared state of emergency. The bill directs the Department of General Services to post public notice of all prohibited goods on its public procurement website. The bill also authorizes any locality to prohibit by ordinance the purchase, sale, or provision, whether free or for a cost, of (a) single-use plastic bags, cutlery, straws, or water bottles and (b) single-use plastic food service containers and expanded polystyrene food service containers, with certain exceptions enumerated in the bill. | Senate • Jan 24, 2023: Failed to report (defeated) in Agriculture, Conservation and Natural Resources (4-Y 10-N 1-A) | Senate: Prefiled and ordered printed; offered 01/11/23 23101944D |
| SB 1037 | Jeremy S. McPike | Workers' compensation; notice to employees. Workers' compensation; notice to employees. Requires each employer subject to the Virginia Workers' Compensation Act to provide notice to covered employees of the employees' right to dispute the denial of a claim through the Virginia Workers' Compensation Commission. The bill specifies the language of such notice. The bill also provides that an employer that fails to provide such notice may be subject to the civil penalty provisions of the Virginia Workers' Compensation Act.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101957D: 65.2-804 | House • Feb 22, 2023: Left in Commerce and Energy | Senate: Prefiled and ordered printed; offered 01/11/23 23101957D |
| SB 1040 | Jeremy S. McPike | Employee's social security number; prohibited use by employer, civil penalty. Employer use of use of employee's social security; prohibited; civil penalty. Prohibits an employer from using an employee's social security number or any derivative thereof as such employee's identification number or including an employee's social security number or any number derived thereof on any identification card or badge, any access card or badge, or any other similar card or badge issued to such employee. The bill imposes a civil penalty of up to $100 for any knowing violation of the prohibition. | Senate • Feb 23, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1040ER) |
| SB 1086 | Adam P. Ebbin | Living organ donors; unpaid leave, civil penalty. Living organ donors; unpaid leave; civil penalty. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking organ donation leave. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements. | Senate • Feb 24, 2023: Enrolled | Senate: Bill text as passed Senate and House (SB1086ER) |
| SB 1090 | Adam P. Ebbin | Pharmaceutical processor or cannabis dispensing facility; increases number of permits issued. Board of Pharmacy; permit to operate pharmaceutical processor or cannabis dispensing facility. Increases the limit on the number of permits that the Board of Pharmacy (the Board) may issue or renew in any year from one to two pharmaceutical processors for each health service area established by the Board of Health. The bill also allows the Board to issue or renew permits in any year for up to five cannabis dispensing facilities per pharmaceutical processor for each health service area. Under current law, the Board may issue up to five cannabis dispensing facilities for each health service area. With the exception of pharmaceutical processors permitted prior to July 1, 2023, the bill prohibits a pharmaceutical processor from receiving more than one permit from the Board.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101461D: 54.1-3442.6Senate: Printed as engrossed 23101461D-E: 54.1-3442.6 | House • Feb 22, 2023: Left in Health, Welfare and Institutions | Senate: Printed as engrossed 23101461D-E |
| SB 1095 | Adam P. Ebbin | Cannabis; deconforms from federal law, licensees. Conformity with the Internal Revenue Code; cannabis licensees. Deconforms from federal law, as it applies to Virginia medical cannabis licensees, for the prohibition on a deduction for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business consists of trafficking in a controlled substance prohibited by federal law.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101462D: 58.1-301Senate: Printed as engrossed 23101462D-E: 58.1-301 | House • Feb 22, 2023: Left in Finance | Senate: Printed as engrossed 23101462D-E |
| SB 1100 | Jennifer B. Boysko | Alcoholic beverage control; mixed beverage carrier license, airport passenger lounge. Alcoholic beverage control; mixed beverage carrier license; airport passenger lounge; emergency. Allows mixed beverage carrier licenses to be granted to financial institutions, subsidiaries of a financial institution, and certain persons under contract with a financial institution or subsidiary that are operating a lounge for air carrier passengers located within an airport in the Commonwealth, which would authorize the licensee to sell and serve mixed beverages in designated areas of such passenger lounge. The bill has an emergency clause. This bill is identical to HB 1753.Statutes affected: Senate: Prefiled and ordered printed with emergency clause; offered 01/11/23 23104041D: 4.1-206.3Senate: Printed as engrossed 23104041D-E: 4.1-206.3 Senate: Bill text as passed Senate and House (SB1100ER): 4.1-206.3 | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB1100ER) |
| SB 1101 | Jennifer B. Boysko | Paid family and medical leave program; Virginia Employment Commission required to establish. Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2026. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2025. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program. | House • Feb 22, 2023: Left in Commerce and Energy | Senate: Printed as engrossed 23100632D-E |
| SB 1103 | Richard H. Stuart | Workplace violence; violence in certain public places, penalty. Workplace violence; violence in certain public places; penalty. Makes it a Class 3 felony for any person to commit an act of violence at (i) such person's place of employment or former place of employment, or a franchise thereof, whether on or off duty and whether during or outside of normal business hours; (ii) a place of worship; (iii) a courthouse; or (iv) a hospital. The bill provides that such offense is a separate and distinct offense, punishment for which shall be consecutive to any punishment received for the act of violence. | Senate • Jan 30, 2023: Passed by indefinitely in Judiciary (9-Y 6-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23103799D |
| SB 1108 | Frank M. Ruff, Jr. | Virginia Consumer Protection Act; prohibited practices, kratom products. Virginia Consumer Protection Act; prohibited practices; kratom products. Provides that it is a prohibited practice under the Virginia Consumer Protection Act to sell or offer for sale (i) (a) any kratom product, defined in the bill, that includes or is packed with a substance that is not kratom and that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer, (b) any kratom extract that contains levels of residual solvents that are higher than is allowed in the current edition of the United States Pharmacopeia, (c) any kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the product, or (d) any kratom product containing any synthetic alkaloids, including synthetic mitragyna, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the plant Mitragyna speciosa; (ii) any kratom product to a person younger than 18 years of age; or (iii) any kratom product that does not provide labeling directions necessary for use by consumers, including a recommended serving size.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102532D: 59.1-200Senate: Printed as engrossed 23102532D-E: 59.1-200 | Senate • Feb 23, 2023: Title replaced 23107120D-H1 | House: Committee substitute printed 23107120D-H1 |
| SB 1113 | Emmett W. Hanger, Jr. | Liability for sale of alcohol to an impaired customer; injury to another person. Liability for sale of alcohol to impaired customer; injury to another person due to operation of vehicle while intoxicated. Creates a cause of action against an alcoholic beverage control retail licensee that sells alcohol to a customer who subsequently injures another by driving while impaired if the consumption of the alcohol caused or contributed to an injury to person or property while the customer operated a motor vehicle. | Senate • Jan 25, 2023: Passed by indefinitely in Judiciary (12-Y 3-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102982D |
| SB 1126 | T. Travis Hackworth | Commercial delivery services; authorized use for notice to an employer for violation of safety prov. Department of Labor and Industry; Department of Professional and Occupational Regulation; notice of disciplinary action; method of delivery to allow for confirmation of delivery. Authorizes the use of commercial delivery services with signed and dated acknowledgment of delivery by the Commissioner of Labor and Industry when providing notice to an employer of any proposed penalty for a violation of a safety or health provision or of the employer's failure to abate a violation of a safety or health provision. Under current law, the Commissioner is authorized to provide such required notices only through certified mail or personal service. The bill also requires the regulatory boards of the Department of Professional and Occupational Regulation to send to any regulant subject to a disciplinary action notice in a manner that allows for confirmation of delivery. The bill removes the current requirement that such notice be sent by certified mail, return receipt requested, and retains the provision allowing delivery through electronic means, if agreed to by the parties. This bill is identical to HB 2179.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23103528D: 40.1-49.4, 54.1-201Senate: Bill text as passed Senate and House (SB1126ER): 40.1-49.4, 54.1-201 | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB1126ER) |
| SB 1133 | Adam P. Ebbin | Cannabis control; retail market, transitional sales, regulated hemp products, penalties. Cannabis control; retail market; transitional sales; regulated hemp products; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, and allows, beginning July 1, 2023, certain pharmaceutical processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. The bill transitions from the Virginia Department of Agriculture and Consumer Services to the Authority the authority to regulate the testing, labeling, packaging, and advertising of regulated hemp products, as defined in the bill. The bill creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2022, who remain incarcerated or on community supervision on July 1, 2023, may receive an automatic hearing to consider modification of such person's sentence. | House • Feb 22, 2023: Left in General Laws | Senate: Committee substitute printed 23106127D-S2 |
| SB 1136 | Jennifer B. Boysko | Wage or salary history; prohibition on certain inquiries. Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request; and (vi) failing to set a wage or salary range in good faith. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater; reasonable attorney fees and costs; and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. | House • Feb 22, 2023: Left in Commerce and Energy | Senate: Printed as engrossed 23104186D-E |
| SB 1171 | Siobhan S. Dunnavant | Association health plans; rates based on employer member's risk profile. Association health plans; base rates based on employer member's risk profile. Provides that for association health plans, an insurer may (i) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims and (ii) utilize each employer member's specific risk profile to determine premium rates for each employer member by actuarially adjusting above or below established base rates.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23104234D: 38.2-3521.1Senate: Printed as engrossed 23104234D-E: 38.2-3521.1 | Senate • Feb 25, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1171ER) |
| SB 1213 | Ryan T. McDougle | Professional and Occupational Regulation, Department of; universal license recognition. Department of Professional and Occupational Regulation; universal license recognition. Establishes criteria for an individual licensed, certified, or having work experience in another state to apply to a regulatory board within the Department of Professional and Occupational Regulation and be issued an occupational license or government certification if certain conditions are met. This bill is identical to HB 2180. | House • Feb 16, 2023: Signed by Speaker | Senate: Bill text as passed Senate and House (SB1213ER) |
| SB 1226 | Mark D. Obenshain | Alcohol; liability for sale to an underage person. Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard. | Senate • Jan 25, 2023: Incorporated by Judiciary (SB1113-Hanger) (13-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102659D |
| SB 1233 | Mark D. Obenshain | Marijuana; advertising restrictions, penalties. Marijuana; advertising restrictions; penalties. Makes it a Class 1 misdemeanor to advertise in or send any advertising matter into the Commonwealth regarding marijuana or marijuana products other than those that may be legally sold or to engage in advertising activities in violation of the provisions of the Cannabis Control Act or regulations of the Board of Directors of the Virginia Cannabis Control Authority. The bill provides that for violations of certain distance and zoning restrictions on outdoor advertising, as set forth in the bill, the Board must give the advertiser written notice to take corrective action and that, if such corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor. The bill establishes numerous restrictions on marijuana advertisements, including provisions that prohibit advertisements from (i) targeting minors; (ii) being placed near schools, playgrounds, and certain other places; (iii) being displayed at a sporting event or on a billboard; (iv) being misleading, deceptive, or false; (v) referencing the intoxicating effects of marijuana; or (vi) promoting overconsumption or consumption by minors.Statutes affected: House: Committee substitute printed 23106792D-H1: 4.1-600 | Senate • Feb 25, 2023: Conference report agreed to by Senate (40-Y 0-N) | Senate: Conference substitute printed 23107585D-S1 |
| SB 1240 | Mark D. Obenshain | Sales and use tax; agricultural exemptions. Sales and use tax; agricultural exemptions. Provides a sales and use tax exemption for property used to produce agricultural products for market in an indoor, closed, controlled-environment commercial agricultural facility. The property exempted includes (i) internal structural components required to create the necessary growing environment for plants, including watering systems, towers for growing plants, and lighting and air systems, and (ii) transparent elements of external structural components of such facilities, including windows, walls, and roofs, that allow sunlight in for the commercial production of agricultural products. The exemption shall not apply to property used in producing cannabis. The bill allows contractors working on behalf of owners of facilities exempt under these new provisions to use the exemption when purchasing materials that would otherwise qualify for the exemption. This bill is identical to HB 1563.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102416D: 58.1-609.2Senate: Committee substitute printed 23105327D-S1: 58.1-609.2, 58.1-610 Senate: Bill text as passed Senate and House (SB1240ER): 58.1-609.2, 58.1-610 | Senate • Feb 16, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1240ER) |
| SB 1265 | Richard L. Saslaw | Virginia Electric Utility Regulation Act; retail competitiveness, review proceedings, etc. Virginia Electric Utility Regulation Act. Authorizes Dominion Energy Virginia to petition the State Corporation Commission (the Commission) for a financing order for deferred fuel costs. The bill sets forth specific transaction terms and other provisions related to the financing order. Before granting a financing order, the Commission is required to find that (i) the proposed issuance of deferred fuel cost bonds is in the public interest and the associated deferred fuel cost charges are just and reasonable and (ii) the structuring and pricing of the deferred fuel cost bonds are reasonably expected to result in reasonable deferred fuel cost charges consistent with market conditions at the time the deferred fuel cost bonds are priced and the terms set forth in such financing order. The bill requires the financing order to include, among other things: (a) the amount of deferred fuel costs to be financed using deferred fuel cost bonds (b) a requirement that deferred fuel cost charges authorized under a financing order are non-bypassable and paid by all retail customers of the electric utility, irrespective of the generation supplier of such customer, except for certain exempt customers; (c) A formula-based true-up mechanism for making annual adjustments to the deferred fuel cost charges; and (d) a method of tracing funds collected as deferred fuel cost charges. Under the bill, the financing order is irrevocable. The bill creates the deferred fuel cost charge and provides that the... | House • Feb 25, 2023: VOTE: Adoption (91-Y 1-N) | Senate: Conference substitute printed 23107613D-S2 |
| SB 1287 | R. Creigh Deeds | Sales and use tax, additional local; taxes to support schools. Additional local sales and use tax to support schools. Adds Albemarle County and the City of Charlottesville to the list of qualifying localities that, under current law, are authorized to impose an additional local sales and use tax at a rate not to exceed one percent, with the revenue from such tax used only for capital projects for the construction or renovation of schools.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23100731D: 58.1-602, 58.1-605 | House • Feb 22, 2023: Left in Finance | Senate: Prefiled and ordered printed; offered 01/11/23 23100731D |
| SB 1296 | Bill DeSteph | Grand larceny and certain property crimes; penalties. Grand larceny and certain property crimes; penalties. Reduces from $1,000 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. The bill reduces the threshold by the same amount for the classification of certain property crimes. The bill also provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent offense, he is guilty of a Class 6 felony.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23100608D: 18.2-23, 18.2-80, 18.2-81, 18.2-95, 18.2-97, 18.2-102, 18.2-103, 18.2-108.01, 18.2-145.1, 18.2-150, 18.2-152.3, 18.2-162, 18.2-181, 18.2-181.1, 18.2-182, 18.2-186, 18.2-186.3, 18.2-187.1, 18.2-188, 18.2-195, 18.2-195.2, 18.2-197, 18.2-340.37, 19.2-289, 19.2-290, 19.2-386.16, 29.1-553 | Senate • Jan 30, 2023: Incorporated by Judiciary (SB1396-Stuart) (15-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23100608D |
| SB 1312 | Jennifer B. Boysko | Electric vehicle charging stations; requirement for certain developments. Electric vehicle charging stations; requirement for certain developments. Provides that any locality may by ordinance require electric vehicle charging stations as part of subdivision or site plan approval for a development containing commercial, industrial, or multifamily residential uses with a density of seven residential dwelling units per acre or greater. This bill has a delayed effective date of July 1, 2024. | House • Feb 22, 2023: Left in Counties, Cities and Towns | Senate: Printed as engrossed 23104300D-E |
| SB 1315 | Amanda F. Chase | Localities, public & private schools, higher educational institution, & employers; face coverings. Localities, public and private schools, institutions of higher education, and employers; face coverings. Prohibits any locality, school board, division superintendent, school principal, private school, institution of higher education, or employer from adopting, implementing, or enforcing any policy, rule, or order related to COVID-19 that requires individuals to wear a face covering. | Senate • Feb 02, 2023: Passed by indefinitely in Education and Health (15-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102309D |
| SB 1337 | Siobhan S. Dunnavant | Medical marijuana program; product, registration, dispensing, and recordkeeping requirements. Medical marijuana program; product, registration, dispensing, and recordkeeping requirements; advertising. Allows a practitioner to issue a written certification via telemedicine to a patient who is located on the premises of a pharmaceutical processor or cannabis dispensing facility. The bill allows pharmaceutical processors and cannabis dispensing facilities to make available on its premises technology that uncertified persons may use to contact a practitioner of the person's choice to request a written certification. The bill amends and adds numerous provisions regarding the Commonwealth's medical marijuana program, including provisions related to recordkeeping, product registration, expiration dates, allowable deviations, dispensing, packing, labeling, and advertising. The bill requires pharmaceutical processors and cannabis dispensing facilities to collect and provide to the Board of Pharmacy by July 1, 2024, data regarding implementation of the bill. The bill also requires the Board of Pharmacy to make certain amendments to its regulations. | Senate • Feb 22, 2023: House amendments agreed to by Senate (27-Y 13-N) | Senate: Committee substitute printed 23106171D-S1 |
| SB 1346 | George L. Barker | Taxable income apportionment; retail companies. Taxable income apportionment; retail companies. Provides that, beginning with taxable year 2023, affiliated corporations filing on a consolidated basis may elect to apportion the taxable income of all members of the affiliated group using sales factor alone even if one or more members of the affiliated group would be required to use different apportionment factors if filing separate returns. The election is valid only in taxable years for which 80 percent or more of the affiliated group's sales is derived from retail company activities. This bill is identical to HB 1978.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102545D: 58.1-422.1Senate: Bill text as passed Senate and House (SB1346ER): 58.1-422.1 | Senate • Feb 20, 2023: Enrolled | Senate: Bill text as passed Senate and House (SB1346ER) |
| SB 1350 | Adam P. Ebbin | Liquid nicotine; Secretary of Finance to assess a licensing scheme. Secretary of Finance; to assess a licensing scheme for liquid nicotine; report. Directs the Secretary of Finance, in consultation with stakeholders, to assess (i) a potential licensing scheme for manufacturers, distributors, and retail dealers of liquid nicotine in the Commonwealth, (ii) the most appropriate manner and entity to enforce and administer licensing, age verification, product verification, and advertising restrictions related to the sale of liquid nicotine, and to report his findings and any recommendations to the Chairmen of the Senate Committee on Finance and Appropriations, the House Committee on Finance, and the House Committee on Appropriations by November 1, 2023. | Senate • Feb 24, 2023: Enrolled | Senate: Bill text as passed Senate and House (SB1350ER) |
| SB 1354 | David W. Marsden | Worker misclassification; debarment procedures. Worker misclassification; debarment procedures. Revises the procedure under which a contractor may be debarred from public contracts for misclassification of workers. The bill requires the Tax Department to notify an employer of a determination that the employer failed to properly classify an individual and allows the employer to apply for judicial or administrative review. Upon a subsequent violation, and once the opportunity for appeals has been exhausted, the Department is required to provide notice to all public bodies that they shall not award a contract to firms associated with the offending employer for specified periods. Under current law, notice to all public bodies is required after the first violation determined by the Department, and debarment is required without reference to the timing of appeals. This bill is identical to HB 1684.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23100975D: 58.1-1902Senate: Bill text as passed Senate and House (SB1354ER): 58.1-1902 | Senate • Feb 24, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1354ER) |
| SB 1355 | Stephen D. Newman | Income tax, state and corporate; business interest, qualified business income deduction. Income tax; business interest; qualified business income deduction; corporate rate reduction. Increases from 30 percent to 50 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code beginning in taxable year 2024. The bill allows an individual income tax deduction in an amount equal to 50 percent of certain federal qualified business income deductions, excluding qualified real estate investment trust dividends. The bill also reduces from six percent to five percent the corporate income tax rate beginning in taxable year 2023.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23104214D: 58.1-322.03, 58.1-400, 58.1-402 | Senate • Jan 31, 2023: Passed by indefinitely in Finance and Appropriations (11-Y 4-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23104214D |
| SB 1363 | Jill Holtzman Vogel | Registered apprentices; persons 16 yrs. of age or older may serve in barbershop/cosmetology salon. Registered apprentices; children 16 years of age or older; barbershop or cosmetology salon. Permits children 16 years of age or older who are registered apprentices to serve in a barbershop or cosmetology salon licensed by the Board for Barbers and Cosmetology in accordance with the Board's regulations.Statutes affected: Senate: Committee substitute printed 23105244D-S1: 40.1-100 | Senate • Feb 23, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1363ER) |
| SB 1366 | Jennifer L. McClellan | Virginia Cannabis Incubator Project; established. Virginia Cannabis Incubator Project. Establishes a framework for the creation of the Virginia Cannabis Incubator Project in the Commonwealth. The bill creates a regulatory structure for such Incubator Project to be administered by the Virginia Cannabis Control Authority. The bill has a delayed effective date pending legalization of the manufacture, sale, and distribution of cannabis in the Commonwealth.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23104220D: 4.1-604, 19.2-392.13 | House • Feb 22, 2023: Left in General Laws | Senate: Prefiled and ordered printed; offered 01/11/23 23104220D |
| SB 1371 | Jill Holtzman Vogel | Alcoholic beverage control; brewery licensees; creates tied house exception. Alcoholic beverage control; brewery licensees; tied house exception. Creates an exception to the tied house restriction on the retail sale of beer by allowing brewery licensees to sell no more than 5,000 barrels of beer per year to retail licensees for resale. Current law only allows the holder of a brewery license to sell directly to retail licensees under certain conditions.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101145D: 4.1-201, 4.1-216 | Senate • Jan 20, 2023: Stricken at request of Patron in Rehabilitation and Social Services (14-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23101145D |
| SB 1387 | Thomas K. Norment, Jr. | Alcoholic beverage control; slotting fees. Alcoholic beverage control; slotting fees. Requires retail licensees to keep complete, accurate, and separate records of all slotting fees, as defined in the bill, received from a manufacturer of both alcoholic and nonalcoholic beverages, including a manufacturer that licenses its nonalcoholic products brand to another manufacturer for use with an alcoholic product.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23103972D: 4.1-100, 4.1-204 | Senate • Jan 27, 2023: Stricken at request of Patron in Rehabilitation and Social Services (10-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23103972D |
| SB 1393 | Lynwood W. Lewis, Jr. | Hemp products; license and label requirements. Hemp products; license and label requirements. Requires the Board of Agriculture and Consumer Services to adopt certain regulations relating to industrial hemp and industrial hemp extracts intended for inhalation, as defined in the bill, that include labeling requirements, batch testing requirements, and tolerances for contaminants of such products. The bill requires any manufacturer of a hemp product, wholesale supplier that sells hemp products, or retail establishment that sells hemp products to register with the Board and pay an annual fee for a license to sell such products and also requires hemp products sold or offered for sale to have certain information included on the label. The bill updates the definition of industrial hemp to match the definition in federal law.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23104067D: 3.2-4112, 3.2-4114Senate: Committee substitute printed 23105778D-S1: 3.2-4112, 3.2-4114 | Senate • Feb 02, 2023: Passed by indefinitely in Finance and Appropriations (15-Y 1-N) | Senate: Committee substitute printed 23105778D-S1 |
| SB 1396 | Richard H. Stuart | Organized retail theft; establishes as a crime, report, penalty. Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person who conspires or acts in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and who takes or causes such retail property to be placed in the control of a retail property fence or other person and either (i) receives or possesses any retail property that has been obtained by simple larceny from one or more retail mercantile establishments while knowing or having reasonable grounds to believe the property was unlawfully obtained or (ii) conspires or acts in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments. The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property ... | Senate • Feb 23, 2023: Title replaced 23106694D-H1 | House: Floor substitute printed 23107160D-H2 (Byron) |
| SB 1405 | George L. Barker | Income tax, state; rolling conformity threshold amount shall be adjusted annually, report. Income tax; rolling conformity; report. Provides that Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to federal income tax law as soon as Congress enacts them on or after January 1, 2023. However, the bill provides that Virginia shall not conform to (i) any changes in a single act of Congress with an impact of more than $25 million on revenues in the year in which the amendment was enacted or any of the next four years and (ii) all amendments in a year with a cumulative projected impact of more than $75 million in the year in which the amendments were enacted or any of the next four years. For any amendment enacted on or after January 1, 2024, the $25 million per act impact threshold shall be adjusted annually by the change in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous year.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23101959D: 58.1-301Senate: Committee substitute printed 23106214D-S1: 58.1-301 House: Committee substitute printed 23106489D-H1: 58.1-301 | Senate • Feb 25, 2023: Conference report agreed to by Senate (40-Y 0-N) | Senate: Conference substitute printed 23107521D-S2 |
| SB 1408 | Jennifer L. McClellan | Sales and use tax, local; additional tax authorized in all counties & cities to support schools. Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill is a recommendation of the Commission on School Construction and Modernization.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102623D: 58.1-602, 58.1-605, 58.1-605.1, 58.1-606.1 | House • Feb 22, 2023: Left in Finance | Senate: Prefiled and ordered printed; offered 01/11/23 23102623D |
| SB 1417 | David R. Suetterlein | Electric utilities; proposed cost recovery, alternative to rate adjustment clause. Electric utilities; cost recovery; alternative to rate adjustment clause. Provides that in any proceeding regarding petitions for a rate adjustment clause, the State Corporation Commission may, as an alternative to a rate adjustment clause, authorize recovery of any proposed cost through the utility's rates for generation and distribution services, if the Commission, in its discretion, determines that such cost recovery better serves ratepayers while still providing the utility the opportunity to recover its costs and earn a fair rate of return. | Senate • Jan 23, 2023: Passed by indefinitely in Commerce and Labor (10-Y 3-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102703D |
| SB 1419 | David R. Suetterlein | Electric utilities; retail competition, renewable energy. Electric utilities; retail competition; renewable energy. Allows individual retail customers of an electric utility to purchase electric energy provided 100 percent from renewable energy from any licensed supplier. The measure eliminates (i) provisions that prohibit such a purchase from a licensed supplier that is an incumbent electric utility that is not the incumbent electric utility serving the exclusive service territory in which the customer is located and (ii) a condition that permits such purchases only if the electric utility serving the applicable exclusive service territory does not offer a tariff for 100 percent renewable energy.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102725D: 56-577 | Senate • Jan 23, 2023: Passed by indefinitely in Commerce and Labor (9-Y 3-N 1-A) | Senate: Prefiled and ordered printed; offered 01/11/23 23102725D |
| SB 1423 | David R. Suetterlein | Income tax, state; rates and deductions for businesses. Income tax; rates and deductions for businesses. Provides an individual income tax deduction for 50 percent of the amount of qualified business income deductible for federal income tax purposes, but excluding the amount of qualified REIT dividends deductible under the same provision of the Internal Revenue Code. The bill also reduces the corporate income tax rate from six percent to five percent for taxable years beginning on or after January 1, 2023.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23102705D: 58.1-322.03, 58.1-400 | Senate • Jan 25, 2023: Incorporated by Finance and Appropriations (SB1355-Newman) (14-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23102705D |
| SB 1435 | John J. Bell | Unemployment compensation; reduces time to file appeal. Unemployment compensation; time to file appeal. Reduces from 30 days to 15 days (i) the time after notice of the determination of a claim within which a claimant is required to file an appeal before such determination becomes final and (ii) the time after the date of notification or mailing of an appeal tribunal's decision on an unemployment compensation claim within which a party is required to file a subsequent appeal before such decision becomes final.Statutes affected: Senate: Prefiled and ordered printed; offered 01/11/23 23103944D: 60.2-619, 60.2-620 | Senate • Jan 30, 2023: Passed by indefinitely in Commerce and Labor with letter (15-Y 0-N) | Senate: Prefiled and ordered printed; offered 01/11/23 23103944D |
| SB 1451 | Thomas K. Norment, Jr. | Income tax, state; lowers rates and deductions. Income tax; rates and deductions. Lowers the top income tax rate from 5.75 percent to 5.5 percent for taxable years beginning on and after January 1, 2024. The bill also raises the standard deduction to $9,000 for single individuals and $18,000 for married persons for taxable years beginning on and after January 1, 2024, but before January 1, 2026.Statutes affected: Senate: Presented and ordered printed 23103701D: 58.1-320, 58.1-322.03 | Senate • Jan 31, 2023: Passed by indefinitely in Finance and Appropriations (10-Y 5-N) | Senate: Presented and ordered printed 23103701D |
| SB 1470 | Frank M. Ruff, Jr. | Workforce development; consolidation of policies and programs, etc. Department of Workforce Development and Advancement created; consolidation of the Commonwealth's workforce development programs; report. Creates the Department of Workforce Development and Advancement (the Department) to administer workforce development services and training programs. The bill consolidates statewide workforce program evaluation and data sharing under the Department and provides protections against improper disclosure of data. The bill provides for the Virginia Board of Workforce Development to conduct an independent evaluation of the operations and program objectives of the Department on a biennial basis with the first report due on December 1, 2025. The bill also (i) transfers administration of apprenticeship programs from the Department of Labor and Industry to the Department, (ii) creates the Office of Business Engagement and Outreach within the Department, and (iii) directs the Secretary of Labor (the Secretary) to conduct a comprehensive review of the Commonwealth's workforce development programs and make recommendations to address a wide range of subjects relating to improving the effectiveness and efficiency of such programs. The Secretary is also required to convene a stakeholder work group to advise the Secretary during the transition period. This bill is a recommendation of the Small Business Commission.Statutes affected: Senate: Committee substitute printed 23105463D-S1: 2.2-214.2, 2.2-214.3, 2.2-435.10, 2.2-2237.3, 2.2-2238, 2.2-2472, 2.2-3711, 2... | Senate • Feb 23, 2023: Title replaced 23107182D-H1 | House: Floor substitute printed 23107182D-H2 (Byron) |
| SB 1475 | Mark D. Obenshain | Board of Health; regulations. Board of Health; food establishment regulations. Requires the Board of Health to adopt regulations that prohibit the revocation, amendment, or denial of a renewal of a permit issued to a food establishment on the basis that such food establishment does not meet the requirements for the food establishment classification for which the initial permit was issued, unless such food establishment has materially changed its operations since issuance of the initial permit.Statutes affected: Senate: Presented and ordered printed 23104012D: 35.1-14 | Senate • Feb 02, 2023: Passed by indefinitely in Education and Health (10-Y 5-N) | Senate: Presented and ordered printed 23104012D |
| SB 1476 | J. Chapman Petersen | Income tax, state; pass-through entities. Income tax; pass-through entities. Makes changes to the elective entity level tax on pass-through entities effective beginning with taxable year 2021. The bill would impose the tax only on the share of income, gain, loss, or deduction attributable to eligible owners as opposed to imposing the tax on the entire entity. The bill defines "eligible owner" as an owner of a pass-through entity that is a natural person, estate, or trust. The bill also removes the requirement that to qualify for the tax election a pass-through entity must be 100 percent owned by natural persons or persons eligible to be shareholders in an S corporation. This bill is identical to HB 1456.Statutes affected: Senate: Presented and ordered printed 23104287D: 58.1-390.1, 58.1-390.3Senate: Bill text as passed Senate and House (SB1476ER): 58.1-390.1, 58.1-390.3 | Senate • Feb 16, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1476ER) |
| SB 1485 | Joseph D. Morrissey | Natural gas utilities; retail supply choice. Natural gas utilities; retail supply choice. Allows every person access to distribution service or retail natural gas from a natural gas company authorized to provide natural gas service to the area where the service will be received. The bill prohibits a public entity from adopting an ordinance, resolution, or any other requirement that limits or prohibits customers from acquiring natural gas service and supply from both utility and non-utility gas companies. The bill prohibits public entities from denying building permits solely based on a proposed utility provider and directs public entities to ensure that all applicable permits and fees are reasonable, as compared to other utility providers, and do not restrict an applicant's ability to use the services of an authorized utility provider. | Senate • Jan 30, 2023: Stricken at request of Patron in Commerce and Labor (14-Y 0-N) | Senate: Presented and ordered printed 23104013D |
| SB 1515 | William M. Stanley, Jr. | Minors; civil liability for publishing or distribution of harmful material on the Internet. Civil liability for publishing or distribution of material harmful to minors on the Internet. Creates a civil cause of action for any commercial entity that knowingly or intentionally publishes or distributes on the Internet material harmful to minors, as defined in the bill, and that does not take reasonable steps to verify that the age of a person attempting to access such material harmful to minors is 18 years of age or older. The bill also clarifies the definition of "sexual conduct" so that it is neutral regarding sexual orientation for the purpose of crimes related to prohibited sales and loans to juveniles.Statutes affected: Senate: Floor substitute printed 23106427D-S1 (Surovell): 18.2-390 | Senate • Feb 23, 2023: House amendments agreed to by Senate (38-Y 2-N) | Senate: Floor substitute printed 23106425D-S2 (Edwards) |
| SB 1533 | R. Creigh Deeds | Medical marijuana program; additional cultivation facility. Medical marijuana program; additional cultivation facility. Allows a pharmaceutical processor that is located in Health Service Area III and has obtained a permit to operate a pharmaceutical processing facility from the Board of Pharmacy to establish one additional location for the cultivation of cannabis plants, which must be located within the same health service area as the pharmaceutical processing facility.Statutes affected: Senate: Presented and ordered printed 23104080D: 54.1-3442.6Senate: Printed as engrossed 23104080D-E: 54.1-3442.6 | Senate • Feb 22, 2023: House amendments agreed to by Senate (32-Y 8-N) | Senate: Printed as engrossed 23104080D-E |
| SB 1540 | Todd E. Pillion | Consumer protection; automatic renewal or continuous service offer to consumer, exemptions. Consumer protection; automatic renewal or continuous service offer to consumer; exemptions. Exempts extended service contract providers, and their affiliates, regulated by the Department of Agriculture and Consumer Services and insurers or entities regulated by Title 38.2 (Insurance) from provisions of law governing automatic renewal and continuous service offers to consumers. The bill also amends the definition of "automatic renewal" to mean a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month. Current law does not specify the length of the subsequent renewal term.Statutes affected: Senate: Presented and ordered printed 23104913D: 59.1-207.45, 59.1-207.48Senate: Bill text as passed Senate and House (SB1540ER): 59.1-207.45, 59.1-207.48 | Senate • Feb 23, 2023: Signed by President | Senate: Bill text as passed Senate and House (SB1540ER) |
