Legislation
From its earliest charter issued over 400 years ago, Virginia’s General Assembly was established to enact "just Laws . . . for the happy guiding and governing of the people." The House of Delegates, successor to the House of Burgesses which met prior to the American Revolution, is the oldest continuous body of representative government in the New World.
During his tenure in office, Delegate Adams has proven to be an effective lawmaker on behalf of the people he represents. Under the various categories of bills reached from the following links are descriptions of legislation sponsored by Delegate Adams as Chief Patron, Chief Co-Patron or Co-Patron that were successfully enacted into law.
2ND AMENDMENT
2016 - HB1163 - Concealed handgun permits; recognition of out-of-state permits.
Provides that the holder of an out-of-state concealed handgun permit who is at least 21 years of age is authorized to carry a concealed handgun in Virginia if (i) the other state has a 24-hour-a-day means of verification of the validity of the permits issued in that state, if available; (ii) the person carries a government-issued photo identification and displays it upon demand of a law-enforcement officer; and (iii) the person has not previously had a Virginia concealed handgun permit revoked. The bill requires the Superintendent of State Police (Superintendent) to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. The bill provides that if the Superintendent determines that another state requires the Attorney General to execute or formally approve such agreement, the Attorney General will execute or approve such agreement within 30 days of written notification by the Superintendent that the Attorney General is required to execute or approve such agreement. Current law recognizes concealed handgun permits issued by states that (a) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (b) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia. In addition, the bill requires the Superintendent, within 60 days of the effective date of the bill, to enter into agreements for reciprocal recognition of concealed handgun permits or licenses with other states where agreements were in existence on December 1, 2015. This bill incorporates HB12 and is identical to SB610. - Read More
2016 - HB784 - Firearms; possession by persons adjudicated delinquent, military service exception.
Provides that an individual who was adjudicated delinquent when 14 years of age or older of a delinquent act that would be a felony if committed by an adult and has completed a term of enlistment of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge is not disqualified from obtaining a concealed handgun permit and may possess or transport any firearm or ammunition for a firearm, any stun weapon, or any explosive material. Under current law, such an individual would be eligible to apply for a concealed handgun permit and to possess a firearm at age 29. The bill does not apply to individuals adjudicated delinquent of certain serious felonies. - Read More
2016 - HB766 - Concealed handguns; carrying with a valid protective order.
Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty. This bill is identical to SB626. - Read More
AGRICULTURE / FORESTRY
2022 - HB1319 - Beneficial hardwood management practices; creates a nonrefundable income tax credit.
Creates a nonrefundable income tax credit for taxable years 2022, 2023, and 2024 for expenses incurred by a taxpayer for the implementation of beneficial hardwood management practices. The credit equals the lesser of the actual expenses or $1,000 and is subject to an aggregate annual cap of $1 million per taxable year. The bill requires the Tax Commissioner, in coordination with the State Forester, to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. - Read More
2020 - HB1021 - Personal property tax; farm machinery, classification of forest harvesting.
Provides that a locality may exempt from tangible personal property taxes certain farm machinery and farm implements, which shall include equipment and machinery used for forest harvesting and silvicultural activities. - Read More
2020 - HB942 - Industrial hemp; federal regulations, adoption in Virginia.
Directs the Board of Agriculture and Consumer Services to conform the regulations of the Department of Agriculture and Consumer Services to any federal regulation adopted by the U.S. Department of Agriculture, immediately upon publication in the Federal Register, that materially expands opportunities for growing, producing, or dealing in industrial hemp in the Commonwealth. The bill exempts such regulatory amendments by the Board from the Administrative Process Act. The bill contains an emergency clause. - Read More
2020 - HB491 - Industrial hemp; VDACS to convene work group to assess opportunities for development industry.
Directs the Department of Agriculture and Consumer Services to convene a working group to assess the opportunities for development and manufacturing in the industrial hemp industry. The Department shall report the analysis of the working group by November 30, 2020, to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources. - Read More
2019 - HB2733 - Personal property tax; exemption for agricultural vehicles.
Provides that, for purposes of the optional local personal property tax exemptions for motor vehicles, trucks, and tractors, the exemption shall apply if the vehicle is used primarily for agricultural purposes. Under current law, the exemption applies only if the vehicle is used exclusively for agricultural purposes. The bill also provides that, for purposes of the optional local personal property tax exemption for farm vehicles, such exemption shall apply to equipment used by a nursery for the production of horticultural products and to any farm tractor. - Read More
2019 - HB2411 - Timber theft; accounting, penalty.
Provides that a person who buys and removes timber from a landowner's property is guilty of timber theft if he fails to pay the landowner by the date specified in their agreement or, if there is no written agreement, within 60 days of removing the timber. The bill provides that a person who is convicted of timber theft is guilty of a Class 1 misdemeanor and shall be ordered to pay three times the value of the timber removed in addition to any penalties imposed by the court. The bill provides that, following the passing of the payment deadline, a buyer's failure to pay within 10 days of receiving a demand for payment shall constitute prima facie evidence of the buyer's intent to violate the timber theft provision. An exception exists for a purchaser who made payment to a person he believed in good faith to be the rightful owner of the timber. The bill requires a timber buyer, in certain cases, to furnish at the request of the landowner an accounting of each load removed from the property, with all supporting documentation. A person who fails to provide such information, or who provides false information, is guilty of a Class 3 misdemeanor. The bill extends from 30 days to 90 days the period during which the owner of land on which a person encroached and cut timber has the right to notify such trespasser and to appoint a timber estimator to determine the amount of damages and directs the State Forester to assist landowners and law-enforcement agencies with regard to reported cases of timber theft. Finally, the bill excludes from the mandatory disclosure provisions of the Virginia Freedom of Information Act those records of the Department of Forestry that are composed of confidential commercial or financial information supplied to the Department in the course of a timber theft investigation. This bill is identical to SB1469. - Read More
2018 - HB1022 - Personal property tax; definition of agricultural products.
Defines "agricultural products," for the purposes of the classification of tangible personal property for taxation, as any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. This bill is identical to SB314. - Read More
2017 - HB1519 - Overweight permits; hauling Virginia-grown farm produce, validity.
Authorizes the Commissioner of the Department of Motor Vehicles to issue overweight permits that are valid statewide for vehicles hauling Virginia-grown farm produce from the point of origin to the first place of delivery. Under current law, such permits are valid only in Accomack and Northampton Counties. - Read More
2015 - HB2072 - Forest products; establishes overweight permit for hauling.
Establishes an overweight permit for hauling forest products and provides for the weight limits and the fee of $130 for the permit. This bill is identical to SB989. - Read More
2015 - HB1277 - Industrial hemp; production and manufacturing.
Allows the cultivation of industrial hemp by licensed growers as part of a university-managed research program. The bill defines industrial hemp as the plant Cannabis sativa with a concentration of THC no greater than that allowed by federal law, excludes industrial hemp from the definition of marijuana in the Drug Control Act, and bars the prosecution of a licensed grower under drug laws for the possession of industrial hemp as part of the research program. The bill directs the Commissioner of the Department of Agriculture and Consumer Services to adopt relevant regulations and establish an industrial hemp research program to be managed by public institutions of higher education. This bill is identical to SB955. - Read More
CONSERVATION / TOURISM
ECONOMIC DEVELOPMENT
2020 - HB1597 - GO Virginia grants; matching funds.
Allows a locality to use funds awarded from the Tobacco Region Revitalization Commission as matching funds for a GO Virginia grant award. No other state funds are authorized to be used as a source of matching funds. The provisions of the bill sunset on July 1, 2021. - Read More
2020 - HB992 - A.L. Philpott Manufacturing Extension Partnership; staff shall be treated as state employees.
Declares the A.L. Philpott Manufacturing Extension Partnership a political subdivision of the Commonwealth and requires its staff to be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees. - Read More
2019 - HB2405 - Real estate; delinquent taxes or liens, appointment of special commissioner, City of Martinsville.
Adds Martinsville to the list of cities with different requirements for the appointment of a special commissioner to execute the necessary deed to convey property with delinquent taxes or liens to the locality in lieu of a sale at public auction. - Read More
2018 - HB222 - Income tax, corporate and state; modification for certain companies, grants.
Establishes an income tax modification for companies that, from 2018 through 2024, either (i) invest at least $5 million in new capital investment in a qualified locality and create at least 10 jobs paying at least 150 percent of the minimum wage in a qualified locality or (ii) create at least 50 jobs paying at least 150 percent of the minimum wage in a qualified locality. A company is eligible to claim the modification only if it had no property or payroll in Virginia on the effective date of the act. The bill defines "qualified locality" to include (a) the Counties of Alleghany, Bland, Buchanan, Carroll, Craig, Dickenson, Giles, Grayson, Lee, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe and the Cities of Bristol, Galax, and Norton; (b) the Counties of Amelia, Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Henry, Lunenburg, Mecklenburg, Nottoway, Patrick, Pittsylvania, and Prince Edward and the Cities of Danville and Martinsville; (c) the Counties of Accomack, Caroline, Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, and Westmoreland; and (d) the Counties of Brunswick and Dinwiddie and the City of Petersburg. "Qualified locality" also includes certain real property owned or partly owned by such localities outside of their territorial boundaries. The bill requires a company to obtain annual certification from the Virginia Economic Development Partnership Authority (the Authority) that the company will have a positive fiscal impact on Virginia, based on consideration of certain factors. It directs the Authority to deny certification to any company that reorganizes for the purpose of taking advantage of the tax benefits provided by the bill. Generally, the amount of the modification is the value of the company's property and payroll in qualified localities and its sales in Virginia. The bill provides similar modifications for industries that use different apportionment formulas, including motor carriers, financial companies, construction companies, railway companies, manufacturing companies, retailers, and businesses with enterprise data center operations. Eligibility for the income tax apportionment modifications shall continue for six years following the year in which the company initially makes a modification to its apportionment formula. Continuing eligibility is contingent on the company's maintaining its capital investment and jobs created in qualified localities and obtaining re-certification from the Authority. The bill permits qualified localities to provide grants and loans to companies that qualify for the modification provided by the bill. The bill also authorizes grants and loans of up to $2,000 per job per year from the Commonwealth's Development Opportunity Fund to an eligible company. This bill is identical to SB883. - Read More
2016 - HB786 - Virginia Public Procurement Act; authorized enhancement or remedial measures.
Requires any enhancement or remedial measure authorized by the Governor under subsection C of § 2.2-4310 for procurement by state agencies to include a compliance provision for the use of small, women-owned, minority-owned, and service disabled veteran-owned businesses certified by the Department of Small Business and Supplier Diversity. The bill requires that a contract be awarded in accordance with an award priority provided in such enhancement or remedial measure if such priority business participated in and met the requirements of the solicitation. If the contract cannot be awarded on this basis, the contract must be awarded to a qualified business in accordance with the next established award priority, and so on until a contract is awarded on the basis of an established priority. The bill provides that if no qualified priority businesses are participating, the procurement award may be made without regard to the enhancement or remedial measure. - Read More
2015 - HB1854 - Virginia Public Procurement Act; small, women-owned, minority-owned, etc., businesses.
Requires state contracts awarded pursuant to enhancement or remedial measures implemented to enhance participation by small, women-owned, and minority-owned businesses to include a provision requiring every contractor intending to subcontract work under the contract to include in the proposal a plan to subcontract to small, women-owned, minority-owned, and service disabled veteran-owned businesses. The bill authorizes the Department of Small Business and Supplier Diversity (the Department) to investigate complaints that a small, women-owned, or minority-owned business has failed to comply with its subcontracting plan. If the Department determines there was a failure to comply with the subcontracting plan, the business must provide a written explanation. - Read More
2015 - HB1588 - Economic development policy; Secretary of Agriculture and Forestry added to certain committee.
Adds the Secretary of Agriculture and Forestry to the committee established to assist the Secretary of Commerce and Trade in developing, during the first year of each new gubernatorial administration, a comprehensive economic development policy for the Commonwealth. - Read More
EDUCATION
2019 - HB1652 - School calendar; opening day of the school year.
Requires each local school board to set the school calendar so that the first day students are required to attend school is no earlier than 14 days before Labor Day unless the Board of Education waives such requirement for good cause. Under current law, each local school board is required to set the school calendar so that the first day students are required to attend school is after Labor Day unless the Board of Education waives such requirement for good cause. The bill provides that in each school division in which the school board sets the school calendar so that the first day students are required to attend school is before Labor Day, such school board shall close each school in the school division from the Friday immediately preceding Labor Day through Labor Day. The bill exempts from certain requirements certain school boards that were previously granted good cause waivers by the Board of Education. This bill is identical to SB1005. - Read More
2014 - HB930 - Standards of Learning; assessments, reform.
Provides that the number and type of Standards of Learning assessments shall not exceed 17 specified assessments in grades three through eight. The bill requires each local school board to certify that it has provided instruction and administered an alternative assessment, in conformance with Board guidelines, for each subject area in which the Standards of Learning assessment was not administered. The bill also requires the Secretary of Education to establish the Standards of Learning Innovation Committee to periodically review the Standards of Learning and assessments. This bill is identical to SB306. - Read More
FEE / TAX RELIEF
2018 - HB1027 - Security freezes; fees for placing on a consumer's credit report.
Reduces the maximum amount that a credit reporting agency may charge to place, remove, or lift a security freeze on a consumer's credit report from $10 to $5. This bill is identical to SB16. - Read More
2017 - HB2032 - Filing and application fees for transportation network companies.
Allows transportation network companies two fee options when applying for an original or renewal of a certificate. A transportation network company may either pay the existing certificate fees of $100,000 upon application and $60,000 for renewal or pay a $20 surcharge per record when purchasing a driver transcript in addition to the current transcript fee. This bill is identical to SB1101. - Read More
HEALTHCARE
2023 - HB2008 - Tick-borne diseases; VDH to study reducing occurrence & impact.
Directs the Department of Health to convene a work group to study and make recommendations for reducing the occurrence and impact of tick-borne diseases in the Commonwealth. The work group shall report its findings and recommendations to the Governor and the General Assembly by November 1, 2023. - Read More
2021 - HB2154 - Hospitals, nursing homes, etc.; regulations, patient access to intelligent personal assistant.
Directs the Board of Health to amend regulations governing hospitals, nursing homes, and certified nursing facilities to require each hospital, nursing home, and certified nursing facility to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant provided by the patient while receiving inpatient services. "Intelligent personal assistant" is defined in the bill as a combination of an electronic device and a specialized software application designed to assist users with basic tasks using a combination of natural language processing and artificial intelligence, including such combinations known as "digital assistants" or "virtual assistants." - Read More
2020 - HB1291 - Medical assistance services; managed care organization contracts with pharmacy benefits managers.
Requires the Department of Medical Assistance Services to require a managed care organization with which the Department enters into an agreement for the delivery of medical assistance services to include in any agreement between the managed care organization and a pharmacy benefits manager provisions prohibiting the pharmacy benefits manager or a representative of the pharmacy benefits manager from conducting spread pricing with regard to the managed care organization's managed care plans. The bill defines "spread pricing" as the model of prescription drug pricing in which the pharmacy benefits manager charges a managed care plan a contracted price for prescription drugs, and the contracted price for the prescription drugs differs from the amount the pharmacy benefits manager directly or indirectly pays the pharmacist or pharmacy for pharmacist services. The bill applies to agreements entered into, amended, extended, or renewed on or after July 1, 2020. This bill is identical to SB 568. - Read More
2020 - HB1290 - Pharmacy benefits managers; licensure and regulation definitions.
Provides that no person is authorized to provide pharmacy benefits management services or otherwise act as a pharmacy benefits manager without first obtaining a license from the State Corporation Commission. The measure prohibits a carrier on its own or through its contracted pharmacy benefits manager or representative of a pharmacy benefits manager from (i) causing or knowingly permitting the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue; (ii) charging a pharmacist or pharmacy a fee related to the adjudication of a claim other than a reasonable fee for an initial claim submission; (iii) reimbursing a pharmacy or pharmacist an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services, calculated on a per-unit basis using the same generic product identifier or generic code number and reflecting all drug manufacturer's rebates, direct and indirect administrative fees, and costs and any remuneration; or (iv) penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by this measure. The measure also prohibits a carrier from (a) imposing provider accreditation standards or certification requirements inconsistent with, more stringent than, or in addition to requirements of the Virginia Board of Pharmacy or other state or federal entity; (b) including any mail order pharmacy or pharmacy benefits manager affiliate in calculating or determining network adequacy; or (c) conducting spread pricing in the Commonwealth. The measure also imposes recordkeeping and reporting requirements. The bill has a delayed effective date of October 1, 2020. This bill incorporates HB1292, HB1459, HB1479, and HB1659 and is identical to SB251. - Read More
2018 - HB1415 - Henrietta Lacks Commission; established.
Creates the Henrietta Lacks Commission to establish through a public-private partnership the Henrietta Lacks Life Sciences Center in Halifax County as a cancer research and treatment center designed to (i) transform and accelerate cancer research and treatment through the use of biodata tools, (ii) provide tailored cancer treatment medicine to an underserved portion of rural Southside Virginia, and (iii) incubate new biotech businesses across the Southside Virginia region. The bill requires the Commission to annually submit a report on its interim activity and work to the Governor and General Assembly. The bill has an expiration date of July 1, 2021. This bill is identical to SB171. - Read More
2016 - HB58 - Health benefit plans; large and small employers.
Deletes provisions that as of January 1, 2016, changed the definition of a "large employer," for purposes of a group health plan or health insurance coverage, from an employer who employed an average of more than 50 employees to an employer who employed more than 100 employees during the preceding calendar year. The definition of "small employer" is correspondingly revised to include employers who employ an average of 50 or fewer employees, which prior to January 1, 2016, was the threshold for delineating large employers from small employers. The measure has an emergency clause. The measure is a recommendation of the Health Insurance Reform Commission. - Read More
HISTORICAL PRESERVATION
2022 - HJ64 - Local History Month; designating as October 2022 and each succeeding year thereafter.
Designates October, in 2022 and in each succeeding year, as Local History Month in Virginia. - Read More
2019 - HB2406 - Historical African American cemeteries; adds three cemeteries in City of Martinsville.
Adds three cemeteries in Martinsville to the list of cemeteries for which qualified organizations may receive funds from the Department of Historic Resources for the care of historical African American cemeteries and graves. The cemeteries are the Matthews Cemetery, which contains eight eligible graves; the People's Cemetery, which contains 178 eligible graves; and the Smith Street Cemetery, which contains nine eligible graves. - Read More
2018 - HB284 - Historical African American cemeteries; owners and localities receiving funds.
Adds any locality or person that owns a historical African American cemetery to the list of qualified organizations able to receive funds for the preservation of historical African American cemeteries and graves. The bill also allows any locality to receive and hold such funds on behalf of any qualified organization until such time as the organization is able to receive or utilize the funds. The bill requires that the owner of a historical African American cemetery reasonably cooperate with members of an organization qualified to receive funds for cemetery care and maintenance. - Read More
2014 - HB1171 - Confederate cemeteries & graves; changes entity responsible for care of graves in Pittsylvania Co.
Changes the entity responsible for the care of graves in Pittsylvania County from the Rawley Martin Chapter, U.D.C., to the Pittsylvania County Historical Society. This bill is identical to SB108. - Read More
JUDICIAL OVERSIGHT
2023 - HB2012 - Retired Supreme Court justices and Court of Appeals judges; recall in circuit courts.
Provides that retired justices of the Supreme Court of Virginia and judges of the Court of Appeals of Virginia may be designated by the Chief Justice of the Supreme Court of Virginia to sit in recall in circuit courts when such retired justice or judge has been found qualified within the preceding three years by the House Committee for Courts of Justice and the Senate Committee on the Judiciary. - Read More
2022 - HB1320 - Discretionary sentencing guidelines; midpoint for violent felony offenses, report, effective date.
Clarifies the Virginia Criminal Sentencing Commission's (Commission) authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023. This bill is identical to SB423. - Read More
2018 - HB1301 - Judges; central registry records check.
Requires that judges and substitute judges seeking reelection submit to a central registry records check for any founded complaint of child abuse or neglect. The bill also requires that any candidate seeking election to judicial office submit to a central registry records check and provide a written statement of economic interests. - Read More
2018 - HB1055 - Discretionary sentencing guidelines; judicial performance evaluation program, report.
Provides that the report of a judge's judicial performance evaluation, which is transmitted to the General Assembly, shall include the number of cases in which such judge did not file a written explanation of any departure from the sentencing guidelines as required by law. - Read More
2018 - HB743 - Judges; maximum number in each judicial district and circuit.
Increases or decreases the maximum number of judges in select judicial districts and circuits to reflect the number of authorized judgeships recommended by the Supreme Court of Virginia in the 2017 "Virginia Judicial Workload Assessment Report." This bill is identical to SB525. - Read More
LAW ENFORCEMENT
2020 - HB1025 - Law-enforcement officers w/disability, former; vocational rehabilitation and employment services.
Requires the Department for Aging and Rehabilitative Services to make available to law-enforcement agencies in the Commonwealth information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which former law-enforcement officers who have a disability as a result of their service can access such programs and services, and provides that every law-enforcement agency in the Commonwealth shall provide to every law-enforcement officer who separates from the agency due to a disability resulting from his service information regarding vocational rehabilitation programs and employment services available to assist former law-enforcement officers who have a disability as a result of their service with preparing for, obtaining, and maintaining suitable employment, including information on the types of programs available and the process by which such law-enforcement officers may access such programs and services. - Read More
2016 - HB1226 - Assault and battery; Department of Corrections investigators, penalty.
Adds employees of the Department of Corrections who have been designated by the Department to conduct internal investigations to the definition of law-enforcement officer for purposes of the crimes of assault and battery. The current punishment for assault and battery against a law-enforcement officer engaged in the performance of his public duties is a Class 6 felony with a six-month mandatory minimum sentence. - Read More
2015 - HB2222 - Commonwealth's Attorneys Training Fund; established.
Establishes the Commonwealth's Attorneys Training Fund to be used for the purpose of supporting prosecutor training and law-enforcement training. This bill is identical to SB1360. - Read More
LEGAL REFORM
2023 - HB2019 - Discretionary sentencing guidelines; review, deferred disposition.
Requires the court to (i) review and consider discretionary sentencing guidelines before a deferred disposition in felony cases other than Class 1 felonies and (ii) within five days following a deferred disposition in felony cases, forward the original discretionary sentencing guidelines worksheets with a copy of the court order to the Virginia Criminal Sentencing Commission. Under current law, the court is required to review discretionary sentencing guidelines only before imposing sentence in all felony cases other than Class 1 felonies and is required to forward the original discretionary sentencing guidelines worksheets with a copy of the court order to the Commission only following the entry of a final order of conviction and sentence in a felony case. - Read More
2023 - HB2016 - Appointment of counsel; Class 1 felony cases, compensation.
Provides that in any case in which an indigent defendant is charged with a Class 1 felony the court shall appoint two competent, qualified, and experienced attorneys, one of whom shall be the public defender in a jurisdiction in which a public defender office is established, for the defendant. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. - Read More
2023 - HB2014 - Motor vehicles, certain; use of handheld personal communication devices.
Clarifies the penalty structure for a first offense and a second or subsequent offense of using a handheld personal communication device in certain motor vehicles, as well as the mandatory fine for a violation within a highway work zone, to accommodate the Supreme Court's case management system. The bill contains technical amendments. This bill is declarative of existing law and is identical to SB995. - Read More
2023 - HB2010 - Virginia Employment Commission; Commissioner shall have authority to issue subpoenas, etc.
Provides that the venue for criminal cases involving false statements, representations, or nondisclosures by an employing unit or an individual with regard to an unemployment claim lies in the county or city wherein the statement, representation, or nondisclosure originates or, alternatively, is received by the Virginia Employment Commission. Under current law, the venue for such cases lies solely in the county or city wherein such statement, representation, or nondisclosure is received by the Commission. This bill is identical to SB1120. - Read More
2023 - HB2009 - Unemployment compensation; venue for prosecution of certain criminal cases.
Provides that the venue for criminal cases involving false statements, representations, or nondisclosures by an employing unit or an individual with regard to an unemployment claim lies in the county or city wherein the statement, representation, or nondisclosure originates or, alternatively, is received by the Virginia Employment Commission. Under current law, the venue for such cases lies solely in the county or city wherein such statement, representation, or nondisclosure is received by the Commission. This bill is identical to SB1123. - Read More
2022 - HB1318 - Probation violation guidelines; use of sentencing revocation report and discretionary sentencing.
Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer. This bill is identical to SB424. - Read More
2022 - HB756 - Bail for a person accused of a crime that is an act of violence; notice to attorney.
Requires a magistrate to transmit within 24 hours a copy of the checklist for bail determination form to the attorney for the Commonwealth when a magistrate conducts a bail hearing for a person arrested on a warrant or capias for an act of violence. The bill also provides that transmission of such copy to the attorney for the Commonwealth may be by facsimile or other electronic means. This bill is identical to SB614. - Read More
2021 - HB2150 - Jurisdiction over criminal cases; certification or appeal of charges.
Provides that upon (i) certification by the general district court of any felony charge and ancillary misdemeanor charge or when an appeal of a conviction of an offense in general district court is noted or (ii) certification by the juvenile and domestic relations district court of any felony charge and ancillary misdemeanor charge committed by an adult or when an appeal of a conviction or adjudication of an offense is noted, jurisdiction as to such charges shall vest in the circuit court, unless such case is reopened, modified, vacated, or suspended or the appeal has been withdrawn in the district court within 10 days. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. - Read More
2020 - HB1023 - Custodial interrogations; audiovisual recording.
Provides that any law-enforcement officer shall, if practicable, make an audiovisual recording of the entirety of any custodial interrogation of a person conducted in a place of detention. The bill provides that if an audiovisual recording is unable to be made, the law-enforcement officer shall make an audio recording of the entirety of the custodial interrogation. The bill provides that the failure of a law-enforcement officer to make such a recording shall not affect the admissibility of the statements made during the custodial interrogation, but the court or jury may consider such failure in determining the weight given to such evidence. As introduced, the bill was a recommendation of the Virginia Criminal Justice Conference. - Read More
2020 - HB1022 - Va. Criminal Sentencing Commission; specifies that the Commission is a criminal justice agency.
Specifies that the Virginia Criminal Sentencing Commission is a criminal justice agency. - Read More
2019 - HB2452 - Contempt of court; willful failure to appear.
Provides that contempt of court for willful failure to appear may be punished summarily. The bill also requires judges to indicate, in writing, the reason for a charge and punishment of contempt when punished summarily. As introduced, this bill is a recommendation of the Virginia State Crime Commission. - Read More
2019 - HB2414 - Transfer of venue; delinquency, adjudication.
Provides that a transfer of venue in delinquency proceedings, which under current law may occur only after adjudication, may occur when such adjudication consists of a finding of facts sufficient to justify a finding of delinquency. This bill is a recommendation of the Committee on District Courts and is identical to SB1201. - Read More
2019 - HB2413 - Multi-jurisdiction grand jury; secrecy of information.
Provides that any person granted permission to make notes and to duplicate portions of the evidence given before the multi-jurisdiction grand jury shall maintain the secrecy of all information obtained from a review or duplication of the evidence presented to the multi-jurisdiction grand jury, except for disclosure as he deems necessary for use in a criminal investigation or proceeding. The bill also provides that after a person has been indicted by a grand jury, the attorney for the Commonwealth shall notify such person that the multi-jurisdiction grand jury was used to obtain evidence for a prosecution. As introduced, the bill was a recommendation of the Virginia Criminal Justice Conference. - Read More
2019 - HB2410 - Resident agent; appointment by nonresident property owner.
Limits the applicability of the requirement for a nonresident landlord to appoint a resident agent to nonresident individuals who own and lease real property in the Commonwealth. Under current law, the requirement applies to corporations, partnerships, business trusts, associations, and other legal entities. The bill also clarifies that if the resident agent appointed by the nonresident property owner is a corporation, limited liability company, partnership, or other entity, it must be authorized to transact business in the Commonwealth. In addition, the bill clarifies that the specification of ownership of four or more units applies to residential property and not commercial property. The bill contains technical amendments. - Read More
2019 - HB2409 - Mechanic's liens; forms.
Makes consistent the mechanic's lien statute and the statutory mechanic's lien forms. - Read More
2018 - HB1550 - Grand larceny; increases threshold amount.
Increases from $200 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 increases the threshold by the same amount for the classification of certain property crimes. This bill is identical to SB105. - Read More
2018 - HB1026 - Adult protective services; appealability of findings made by local department of social services.
Provides that all written findings and actions of a local department of social services or its director regarding adult protective services investigations are final and shall not be (i) appealable to the Commissioner for Aging and Rehabilitative Services or (ii) considered a final agency action for purposes of judicial review pursuant to the provisions of the Administrative Process Act. - Read More
2018 - HB1024 - Attorney fees; repeals provision that allows only fee of one attorney to be taxed by court.
Repeals the provision that allows only the fee of one attorney to be taxed by the court, even if the recovering party had more than one attorney. This bill is a recommendation of the Boyd-Graves Conference. - Read More
2018 - HB1023 - Foreign subpoenas; issuance by circuit court clerk of court.
Provides that no foreign subpoena issued in the Commonwealth pursuant to the Uniform Interstate Depositions and Discovery Act (§ 8.01-412.8 et seq.) may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth. This bill is a recommendation of the Boyd-Graves Conference. - Read More
2017 - HB2051 - Marijuana offenses; driver's license forfeiture.
Revises the existing provision that a person loses his driver's license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The bill provides that a court retains the discretion to suspend or revoke the driver's license of a person placed on deferred disposition for simple possession of marijuana and must suspend or revoke for six months the driver's license of such person who was operating a motor vehicle at the time of the offense. The bill also requires that such a person whose driver's license is not suspended or revoked perform 50 hours of community service in addition to any community service ordered as part of the deferred disposition. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of implementation of the bill. This bill is identical to SB1091. - Read More
2017 - HB1580 - Child pornography; lawful possession by employees of Department of Social Services.
Provides that an employee of the Department of Social Services or a local department of social services may, in the course of conducting his professional duties, lawfully possess child pornography for a bona fide purpose. - Read More
2016 - HB789 - Exhumations; clerk of circuit court to send notice to next of kin, exception.
Establishes procedures for notification of the next of kin of a dead person upon receipt by the circuit court of a report regarding an investigation that requires an exhumation or filing of a petition for exhumation. The bill provides that in cases in which the exhumation is requested as part of an investigation by the Chief Medical Examiner or other medical examiner, upon request of the attorney for the Commonwealth and a finding that good cause exists, a judge may order for a period not to exceed 90 days that notification of the next of kin of the dead person be withheld, the report and order for exhumation be sealed, and any parties involved in the investigation or exhumation not disclose to the next of kin of the dead person or to any other person that the court may deem appropriate that the investigation or exhumation has occurred. Such order may be extended for additional periods of up to 90 days upon petition of the attorney for the Commonwealth and a finding that good cause for such extension exists. - Read More
2014 - HB1160 - Statutory construction, rules; computation of time.
Provides that for the purposes of the section of law relating to the computation of time, any day on which the Governor authorizes the closing of the state government shall be considered a legal holiday. - Read More
LIMITED GOVERNMENT
2022 - HB752 - State Inspector General, Office of the; investigations, prohibition on interference.
Prohibits the Governor and the Governor's chief of staff, counsel, director of policy, and Cabinet Secretaries from interfering with or exerting undue influence upon any investigation by the Office of the State Inspector General of fraud, waste, abuse, or corruption by a state agency or nonstate agency or by any officer or employee of a state agency or nonstate agency. - Read More
2022 - HB158 - Emergency Services and Disaster Law; limitation on duration of executive orders.
Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly. This bill is identical to SB4. - Read More
2018 - HB883 - Regulatory reduction pilot program; Department of Planning and Budget to implement, report.
Directs the Department of Planning and Budget (the Department), under the supervision of the Secretary of Finance (the Secretary), to administer a three-year regulatory reduction pilot program aimed at reducing by 25 percent the regulations and regulatory requirements, as defined in the bill, of the Department of Professional and Occupational Regulation and the Department of Criminal Justice Services by July 1, 2021. The bill requires the Secretary to report annually to the Speaker of the House and the Chairman of the Senate Rules Committee no later than October 1, 2019, and October 1, 2020, on the progress of the regulatory reduction pilot program. The bill also requires the Secretary to report by August 15, 2021, to the Speaker of the House and the Chairman of the Senate Rules Committee (i) the progress toward identifying the 25 percent reduction goal, (ii) recommendations for expanding the program to other agencies, and (iii) any additional information the Secretary determines may be helpful to support the General Assembly's regulatory reduction and reform efforts. The bill provides that if, by October 1, 2021, the program has achieved less than a 25 percent total reduction in regulations and regulatory requirements across both pilot agencies, the Secretary shall report on the feasibility and effectiveness of implementing a 2-for-1 regulatory budget providing that for every one new regulatory requirement, two existing regulatory requirements of equivalent or greater burden must be streamlined, repealed, or replaced for a period not to exceed three years. Lastly, the bill directs all executive branch agencies subject to the Administrative Process Act (§ 2.2-4000 et seq.) to develop a baseline regulatory catalog and report such catalog data to the Department, which shall then track and report on the extent to which agencies comply with existing requirements to periodically review all regulations every four years. This bill is identical to SB20. - Read More
PROPERTY RIGHTS
2017 - HB2050 - Tenancy; severance by the entireties by written instrument.
Clarifies that a husband and wife may own real or personal property as tenants by the entirety for as long as they are married. The bill provides that, in order to sever a tenancy by the entireties by written instrument, the instrument must be a deed that is signed by both spouses as grantors of the property. This bill is in response to Evans v. Evans, Record No. 141277, 772 S.E.2d 576, 2015 Va. LEXIS 84 (2015), and, as introduced, was a recommendation of the Boyd-Graves Conference. - Read More
2014 - HB1084 - Permits and approvals, certain; damages for unconstitutional grant or denial by locality.
Provides that an applicant aggrieved by the grant or denial by a locality of any approval or permit, where such grant included, or denial was based upon, an unconstitutional condition, shall be entitled to an award of compensatory damages and may be awarded reasonable attorney fees and costs. The bill also creates a presumption that a condition proven to be unconstitutional was a factor in the grant or denial of the permit, and it provides that the applicant shall be entitled to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without the unconstitutional condition. Any action brought pursuant to this bill shall be filed within the applicable time period, as set forth in the Code, after the grant or denial of the application, and the provisions of this bill shall only apply to approvals or permits that are granted or denied on or after July 1, 2014. This bill is identical to SB578. - Read More
RELIGIOUS LIBERTY
2016 - HB791 - Act for Religious Freedom; reaffirms religious rights.
Reaffirms that the religious rights asserted in § 57-1 of the Code of Virginia are the natural and unalienable rights of mankind. - Read More
2016 - HB773 - Government Nondiscrimination Act; created.
Creates the Government Nondiscrimination Act (the Act), which prohibits a government entity from taking any discriminatory action against a person on the basis that such person believes, speaks, or acts in accordance with a sincerely held religious belief that marriage is or should be recognized as the union of one man and one woman and that the terms "man" and "woman" refer to an individual's immutable biological sex as objectively determined by anatomy and genetics of the individual at the time of birth. For purposes of the Act, discriminatory actions include actions that adversely affect the tax treatment of a person or that withhold or otherwise make unavailable any (i) grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, license, certification, accreditation, or employment; (ii) entitlement or benefit under a benefit program; or (iii) entitlement to utilize state property. The Act also provides that a person shall be considered to be validly accredited, licensed, or certified for any purpose under state law if such person would otherwise have been accredited, licensed, or certified but for a determination based upon such person's sincerely held religious belief or moral conviction. - Read More
2015 - HB1437 - Prayer at public events; authority to adopt an ordinance to allow.
Provides that a deliberative public body, by ordinance, resolution, or written policy statement, may adopt a policy to permit a public invocation before each meeting of the public body, for the benefit of the public body. The policy may allow for an invocation to be offered on a voluntary basis, at the beginning of the meeting, by (i) a chaplain elected by the public officials of the deliberative public body or (ii) an invocation speaker selected on an objective and rotating basis from among a wide pool of the religious leaders serving established religious congregations in the local community in which the deliberative public body meets. The bill also defines deliberative body and public invocation. - Read More
TRANSPORTATION
2023 - HB2302 - Transportation Partnership Opportunity Fund; funds for transportation projects.
Authorizes the Governor to direct funds from the Transportation Partnership Opportunity Fund (Fund) to the Commonwealth Transportation Board for transportation projects determined to be necessary to support major economic development initiatives or to enhance the economic development opportunities of the Commonwealth's transportation programs when recommended by the Secretary of Transportation and Secretary of Commerce and Trade; these directed funds do not have a specified limit. When funds are directed to such transportation projects or programs from the Fund in excess of $5 million, the bill requires the Secretary of Transportation to submit a report, the content of which is designated in the bill, to the Chairmen of the Senate Committee on Finance and Appropriations and the House Committee on Appropriations within 30 days of such direction of funds. The bill further requires, for the direction of funds from the Fund in excess of $35 million, that such direction be submitted for review, within 14 days, to the MEI Project Approval Commission. The bill provides that absent a recommendation within the 14-day period that the funds should not be directed, or in the event that the Commission does not provide a recommendation within the 14-day period, the funds shall be directed. The bill authorizes the use of grants, funds directed to the Board, and revolving loans for property acquisition and new or improved infrastructure to support economic development opportunities of the Commonwealth's transportation programs. The bill clarifies that the authority granted related to the Fund cannot be used for otherwise prohibited eminent domain purposes. This bill is identical to SB1106. - Read More
2020 - HB1032 - Roy P. Byrd, Jr., Memorial Bridge; designating as U.S. Route 29 Business bridge.
Designates the U.S. Route 29 Business bridge over U.S. Route 29 in Pittsylvania County the "Roy P. Byrd, Jr., Memorial Bridge." - Read More
2018 - HB1007 - Delegate Lacey E. Putney Memorial Highway; designating certain portion of U.S. Route 221.
Designates the portion of U.S. Route 221 between the Town of Bedford and the City of Lynchburg the "Delegate Lacey E. Putney Memorial Highway." The bill contains an emergency clause. This bill is identical to SB363. - Read More
2017 - HB1405 - Trooper Chad Phillip Dermyer Memorial Bridge; designating as Rt. 143 bridge over Interstate 64.
Designates the State Route 143 bridge in the City of Newport News at exit 255 over Interstate 64 the "Trooper Chad Phillip Dermyer Memorial Bridge." This bill is identical to SB855. - Read More
VETERANS
2020 - HB1253 - Virginia Defense Force; maximum age for recruitment.
Permits the Adjutant General of Virginia to recruit members to the Virginia Defense Force who are between the ages of 65 and 75. Under current law, the Adjutant General is only permitted to retain existing members of the Virginia Defense Force once they have attained the age of 65. - Read More
2018 - HB737 - Motor Vehicles, Department of, documents; veteran endorsement.
Requires the Department of Motor Vehicles to issue driver's licenses, permits, and identification cards displaying an indicator signifying that the holder is a veteran, provided that the applicant requests such indicator and provides proof of veteran status. The bill repeals the authority of the Department to issue veterans identification cards. - Read More
2017 - HB2206 - Virginia Veteran and Family Support program; established, report.
Updates the purposes and priorities of the Virginia Veteran and Family Support program to, in a cost-effective manner, refer veterans to mental health, physical rehabilitation, and other services as needed to help them achieve individually identified goals and to monitor their progress toward achieving those goals. The program is available to veterans and members of the Virginia National Guard in the Commonwealth, residents of the Commonwealth in the Armed Forces Reserves who are not in active federal service, and family members of covered military members who have been affected by the covered military members' service and deployments and who are located in the Commonwealth. The bill requires an annual report on the program be sent to the Governor and the General Assembly. - Read More
2016 - HB477 - Veterans care centers; issuance of bonds for certain projects.
Authorizes the Virginia Public Building Authority to issue bonds in the amount of $29.3 million plus financing costs to construct veterans care centers in Northern Virginia and Hampton Roads. - Read More
2015 - HB1276 - Northern Virginia Veterans Care Center; funding of project.
Allocates and appropriates $66.7 million in aggregate of Virginia Public Building Authority bonds for the design, environmental assessments, and construction of the Hampton Roads Veterans Care Center and the Northern Virginia Veterans Care Center. The bill requires the Department of Veterans Services to provide an action plan to the Chairmen of the House Appropriations Committee and the Senate Finance Committee and to the Secretaries of Veterans and Defense Affairs and Finance prior to the allocation of any bonds. The bill also appropriates to the Department of Veterans Services anticipated federal grants for the projects. - Read More
2015 - HB1275 - Veterans Care Center projects; funding of projects.
Allocates and appropriates $66.7 million in aggregate of Virginia Public Building Authority bonds for the design, environmental assessments, and construction of the Hampton Roads Veterans Care Center and the Northern Virginia Veterans Care Center. The bill requires the Department of Veterans Services to provide an action plan to the Chairmen of the House Appropriations Committee and the Senate Finance Committee and to the Secretaries of Veterans and Defense Affairs and Finance prior to the allocation of any bonds. The bill also appropriates to the Department of Veterans Services anticipated federal grants for the projects. - Read More