Sales and use tax exemption for menstrual supplies. Provides that menstrual cups and pads, pantyliners, sanitary napkins, tampons, and other products used to absorb or contain menstrual flow shall be fully exempt from sales and use tax. The exemption would be available from July 2021 to July 2026. Under current law, such menstrual supplies are subject to a reduced state sales tax rate of 1.5 percent, which also applies to food purchased for human consumption and essential personal hygiene products, as well as a local sales tax rate of 1 percent. The bill has a delayed effective date of July 1, 2021. The provisions of the bill are contingent on funding in a general appropriation act.
Parking of vehicles; electric vehicle charging spots; civil penalties. Prohibits a person from parking a vehicle that is not a plug-in electric vehicle in a space reserved for charging electric vehicles. A violation is subject to a civil penalty of not less than $100 nor more than $250, and the vehicle may be towed or impounded.
Elections; date of June primary election.Changes the date of the primary election held in June from the secondTuesday in June to the third Tuesday in June. The bill also changes candidate filing deadlines to reflect the change of date.
Expectorating in public places; repeal. Repealsthe crime of expectorating in public places.
Sex offenders in emergency shelters; notification registration penalty. Provides that a registered sex offender who enters an emergency shelter designated by the Commonwealth or any political subdivision thereof and operated in response to a declared state or local emergency shall, as soon as practicable after entry, notify the shelter's staff that such person is a registered sex offender. The bill provides that any person who fails to notify the shelter's staff of his status as a registered sex offender is guilty of a Class 3 misdemeanor. The bill provides that the shelter's staff may request a law-enforcement officer or agency to access the publicly available information on the Sex Offender and Crimes Against Minors Registry regarding such person and use such information to ensure the safety of all persons in the shelter. The bill also provides that the state emergency operations plan and each political subdivision emergency operations plan shall (i) set forth the procedures for persons required to register or reregister who enter an emergency shelter to provide the required notification and (ii) provide for the accommodation in an emergency shelter of persons required to register or reregister with due regard to the health and safety of all persons in the emergency shelter. The bill requires that the Department of State Police provide to any registered sex offender at the time of his initial registration a summary of his obligation to inform the staff of an emergency shelter of his status as a registered sex offender.
Financial institutions; small loans; penalty. Prohibits any person from making a small loan unless such person is licensed by the State Corporation Commission. The bill defines "small loan" as an unsecured loan or credit of $5,000 or less extended to a borrower for a personal, family, household, or other noncommercial purpose pursuant to a small loan agreement. The bill also prohibits any person from engaging in the business of arranging or brokering small loans for any consumer residing in the Commonwealth without registering with the Commission. Under the provisions of the bill, a licensee may charge and collect periodic interest at any rate up to 36 percent agreed to by the parties and may also charge and collect a customary daily fee. The bill provides exemptions for certain institutions and persons licensed by the Commission to provide consumer finance loans or motor vehicle loans.The bill provides for qualifications for licensure, posting of a bond, financial solvency requirements, reporting requirements, and recordkeeping and retention requirements. The bill authorizes the Commission to investigate and examine applicants and licensees, to revoke or suspend licenses, to issue cease and desist orders, and to impose a civil penalty of up to $10,000 for violations of the small loan provisions. The bill allows the Commission to refer violations to the Attorney General, and the Attorney General may seek injunctive relief and monetary damages.
Renewable energy property tax credit. Establishes, beginning in taxable year 2020, a tax credit for renewable energy property placed in service. The bill defines "renewable energy property" as certain biomass equipment that uses renewable biomass resources, combined heat and power systems using waste heat to produce electricity or thermal or mechanical energy, certain geothermal equipment, hydroelectric generators located at existing dams or in free-flowing waterways, solar energy equipment, and wind equipment that is necessary for capturing and converting wind energy into electricity or mechanical power.The credit would equal 35 percent of the installed cost of the renewable energy property. However, the aggregate amount of credit allowed to each person for placing into service renewable energy property during the taxable year would not exceed $15,000. Only the ultimate consumer or user of the renewable energy property would be allowed to claim the credit.The credit would be required to be claimed in five equal annual installments beginning with the taxable year in which the property was placed in service. However, the amount claimed in a single year would not be allowed to exceed 50 percent of the person's total tax liability. The credit would expire and no further credit could be claimed if the renewable energy property was disposed of, taken out of service, or moved out of the Commonwealth during any of the installment years.The Department of Taxation would issue the tax credits. The Department would be authorized to issue $5 million in tax credits each fiscal year. Any unused credit could be carried forward for five taxable years. The credit would sunset in 2025.
Removal of public officers; petition requirements; signature requirements. Clarifies that the requirement that a petition for the removal of a public officer be signed under penalty of perjury applies only to the person or persons filing such petition with the circuit court. Registered voters signing the petition for purposes of reaching the required number of signatures shall not be required to sign under penalty of perjury. The bill also increases the required number of signatures to a number of registered voters in the locality equal to 25 percent, up from 10 percent, of the total number of votes cast at the last election for the office, and requires the signatures to be collected within a 60-day period.
Guardianship; communication between close relatives andfriends of incapacitated persons; restricted communication procedures;notification of close relatives and friends. Provides that a guardian mayrestrict an incapacitated person's ability to communicate with, visit, orinteract with close relatives, as defined in the bill, and friends, as definedin the bill, only when necessary to prevent a reasonable expectation of seriousphysical or psychological harm or serious financial exploitation occurring tothe incapacitated person. The bill further sets up a procedure by which aperson whose visits, communication with, or interaction with an incapacitatedperson have been restricted may challenge such restriction in court and aprocedure by which a guardian may petition the court to restrict anincapacitated person's communication, visitation, and interaction rights with aclose relative or friend. The bill provides that the court may restrict anincapacitated person's communication, visitation, and interaction rights withsuch person when it finds by clear and convincing evidence that seriousphysical or psychological harm or serious financial exploitation wouldreasonably be expected to occur to such incapacitated person from suchcommunication, visitation, or interaction. The bill allows the court to requirea guardian found to have imposed restrictions or brought such a petition in badfaith or not for the benefit of the incapacitated person to pay or reimburse allor some of the incapacitated person's reasonable costs and fees. The bill alsospecifies that such a finding may be grounds for termination of theguardianship appointment. The bill requires the guardian to notify closerelatives and friends of the incapacitated person of certain life events of theincapacitated person, unless the guardian is notified in writing that any suchclose relative or friend does not wish to be notified or if there existsbetween such close relative or friend and the incapacitated person a protectiveorder or court order otherwise prohibiting contact.
Tax credits; vested interest. Creates avested interest when a taxpayer claims a tax credit, including aninterest in any conditions placed upon the credit, and prohibitsalteration of such interest by a subsequent action of the GeneralAssembly. The provisions of the act are retroactive but shall notbe construed to extend the time during which a taxpayer may filean amended tax return.
Industrial hemp grower; public notice; buffer zone; odor mitigation. Requires any applicant for registration as a grower of industrial hemp to state either that the growing premises are more than 100 yards from any residential area or that the applicant has complied with pre-registration public notice and comment requirements set by the Commissioner of Agriculture and Consumer Services. The bill directs the Board of Agriculture and Consumer Services to adopt regulations requiring each registered grower of industrial hemp to maintain a buffer zone from the property lines of the growing premises and to perform odor mitigation at such premises during peak blooming season.
Health Insurance Premium Payment program; enrollmentof eligible individuals. Requires the Department of Medical Assistance Services to enroll in the Health Insurance Premium Payment programevery person who is eligible for medical assistance services providedpursuant to the state plan for medical assistance services and whohas a household income that is equal to or greater than 100 percentof the federal poverty level for a household the size of such person'shousehold and meets the criteria for enrollment in such program unlessenrolling the person in such program is determined not to be costeffective. The bill also requires the Department to remove a personwho provides written notification that he does not wish to participatein the Health Insurance Premium Payment program from such programwithin 30 days of receipt of such written notification.
