Del. David Reid

Tax Commissioner; waiver of accrual of interest in the event that the Governor declares a state of emergency. Authorizes the Tax Commissioner to waive interest for any class of taxpayers when he finds that imposing interest has caused, or would cause, undue hardship to such class of taxpayers because of a natural disaster or other reason. The bill allows the Tax Commissioner to grant such waiver only if the Governor declares a state of emergency in the Commonwealth with respect to such natural disaster or other reason.

Marijuana; legalization of simple possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also modifies several other criminal penalties related to marijuana and provides for an automatic expungement process for those convicted of certain marijuana-related crimes. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, marijuana wholesalers, and retail marijuana stores by the Virginia Alcoholic Beverage Control Authority, renamed as the Virginia Alcoholic Beverage and Cannabis Control Authority. The bill imposes a tax on retail marijuana, retail marijuana products, and marijuana paraphernalia sold by a retail marijuana store, as well as non-retail marijuana and non-retail marijuana products at a rate of 21 percent and provides that localities may by ordinance levy a three percent tax on any such marijuana or marijuana products. The bill provides that net profits attributable to regulatory activities of the Authority's Board of Directors pursuant to this bill shall be appropriated as follows: (i) 40 percent to pre-kindergarten programs for at-risk three and four year olds, (ii) 30 percent to the Cannabis Equity Reinvestment Fund, established in the bill, (iii) 25 percent to substance use disorder prevention and treatment programs, and (iv) five percent to public health programs. The bill creates the Cannabis Control Advisory Board, the Cannabis Equity Reinvestment Board, and the Cannabis Public Health Advisory Council. The bill has a delayed effective date of January 1, 2023, with provisions for the Authority's Board of Directors to promulgate regulations for the implementation of the bill and for implementation of the automatic expungement process to begin in due course. In addition, the bill establishes three work groups to begin their efforts in due course: one focused on public health and safety issues, one focused on providing resources for teachers in elementary and secondary schools, and one focused on college-aged individuals. See H. B. 2312 General Laws Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub.pdf See H. B. 2312 Courts of Justice Substitute PDF text:https://lis.virginia.gov/000/housecannabisbillsub2.pdf

Automatic expungement of criminal records; penalties. Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also provides a process for the automatic expungement of criminal records for charges arising from mistaken identity or the unauthorized use of identifying information. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods. Provides that in the course of procuring goods, if a public body receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program (FEMP) designated efficiency requirements, appear on FEMP's Low Standby Power Product List, or are WaterSense certified, such public body may only select among those bids.

Constitutional amendment (first reference); franchise and officers; felon disenfranchisement; automatic restoration of political rights. Provides that no person who has been convicted of a felony shall be qualified to vote until the completion of his sentence of imprisonment, at which time, without further action required of him, his political rights, including the right to vote, shall be restored. A person convicted of a felony may also have his civil rights restored by the Governor or other appropriate authority. This resolution incorporates HJ 546.

Electric vehicle rebate program; creation andfunding; report. Creates a rebate program for the purchase or lease of new and used electric vehicles, to be administered by the Department of Mines, Minerals and Energy. A purchaser or lesseeof an electric vehicle would receive a $2,500 rebate at the timeof purchase, and a purchaser or lessee with an annual household incomethat does not exceed 300 percent of the federal poverty level wouldbe entitled to an additional $2,000 rebate. The motor vehicle dealerwhere the vehicle is purchased or leased would receive a refund forthe amount of the rebate and a $50 incentive payment for each rebateprocessed. Funds would be allocated from the revenues generated bythe sunset of the Virginia Coal Employment and Production IncentiveTax Credit and the Coalfield employment enhancement tax credit andprohibit the allocation of new credits on and after January 1, 2021.The bill also establishes an Electric Vehicle Rebate Advisory Councilto oversee the Electric Vehicle Rebate Program and to make recommendationsregarding its implementation. The Director of the Department of Mines,Minerals and Energy is required to report annually to the Governorand the General Assembly regarding the Program. The Program will expire on September 1, 2026.

Homicides and assaults and bodily woundings; certain matters not to constitute defenses. Provides that the discovery of, perception of, or belief about another person's actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder.

Department of Medical Assistance Services; testing for, treatment of, and vaccination against COVID-19; emergency services. Directs the Department of Medical Assistance Services to, during a public health emergency related to COVID-19 declared by the United States Secretary of Health and Human Services, deem testing for, treatment of, and vaccination against COVID-19 to be emergency services for which payment may be made pursuant to federal law for certain aliens not lawfully admitted for permanent residence.

Building standards for certain state and local buildings. Requires that any executive branch agency or institution or locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building ensure that such building has sufficient electric vehicle charging infrastructure, defined in the bill, and has features that permit the agency or institution to track the building's energy efficiency and carbon emissions. The bill authorizes the Director of the Department of General Services to grant exemptions to such standards, in writing and with certain terms. The bill requires agencies to annually report to the Governor the energy efficiency and carbon emissions metrics for each such building built or renovated. The bill requires localities to design such building projects according to the same or similar standards, or more stringent standards if adopted by ordinance. The bill also requires that localities incorporate appropriate resilience and distributed energy features. The bill requires that any exemption from the standards granted by resolution of the governing body of a locality be made in writing and explain the basis for granting the exemption.

Tourism improvement districts. Authorizesany locality to create a local tourism improvement district plan, consisting of fees charged to businesses and used to fund tourismpromotion activities and capital improvements. Under the bill, thelocality is authorized to contract with a nonprofit entity to administerthe activities and improvements.