Redistricting; population data; reallocationof prison populations. Provides for the preparation of adjustedpopulation data for redistricting and reapportionment purposes toreflect the reallocation of persons incarcerated in state and localcorrectional facilities. The bill provides that a person incarceratedin a state or local correctional facility whose legal residence priorto entering custody was located within the Commonwealth will be deemedto reside at such residence, and a person incarcerated in a stateor local correctional facility whose legal residence prior to enteringcustody was located outside of the Commonwealth or whose legal residenceprior to entering custody cannot be determined will be deemed toreside at the location of the facility in which he is incarcerated.Under the U.S. Census Bureau's current residence criteria, incarceratedpersons are counted at the facility in which they are incarcerated.The bill directs the Division of Legislative Services to preparethe adjusted population data, and the General Assembly and localgoverning bodies are required to use this data as the basis for reapportioningand drawing new districts. The Director of the Department of Correctionsand the Board of Corrections are required to provide to the Divisioncertain information about each person incarcerated who was incarceratedin a state or local correctional facility on the day the decennialcensus is taken, April 1 of a year ending in zero, for these purposes.
Sponsored bills
Study; JLARC; privately operated prisons; report.Directs the Joint Legislative Audit and Review Commission, in consultationwith the Department of Corrections, to study the use of privatelyoperated prisons in the Commonwealth.
Worker classification; penalties. Prohibits acontractor from classifying an individual who performs delivery services orconstruction labor services for the contractor as the contractor's independentcontractor if he is an employee of the contractor. An individual performingsuch services for a contractor shall be presumed to be an employee of thecontractor unless it is shown to the satisfaction of the Commissioner of Laborand Industry that (i) the individual has been and will continue to be free fromcontrol or direction over the performance of the services performed by theindividual for wages, both under his contract of service and in fact; (ii) theservices are either outside the usual course of the business for which suchservices are performed or such services are performed outside of all the placesof business of the enterprise for which such services are performed; and (iii)such individual is customarily engaged in an independently established trade, occupation,profession, or business. Other factors applicable to such a determination inthe case of an individual performing construction labor services are whetherthe individual maintained a workplace that is subject to inspection pursuant tooccupational safety and health laws and whether the individual has beenassigned an experience rating tax rate for purposes of unemploymentcompensation. Violators are subject to civil penalties and debarment frompublic contracts. The measure requires a contractor entering into a publiccontract to provide an affidavit, under penalty of perjury, attesting that (a)each individual performing delivery services or construction labor services isproperly classified; (b) the contractor has completed a federal I-9 immigrationform and has such form on file for each employee; (c) the contractor hascomplied with requirements for participation with the E-verify program for eachemployee; (d) the contractor has no reasonable basis to believe that anyindividual performing services for such contractor is an undocumented worker;and (e) the contractor is not barred from contracting with the public body.
Medical assistance services; managed care organization contracts with pharmacy providers; recoupment of direct and indirectremuneration fees. Requires the Department of Medical AssistanceServices to require a managed care organization with which the Departmententers into an agreement for the delivery of medical assistance servicesto include in any agreement between the managed care organizationand an intermediary a provision prohibiting the intermediary from recouping direct and indirect remuneration fees with respect to aprescription.
Carrying weapon into building owned or usedby the Commonwealth or political subdivision thereof; penalty. Makesit a Class 1 misdemeanor for a first or second offense for a person to transport any (i) gun or other weapon designed or intended topropel a missile or projectile of any kind; (ii) frame, receiver,muffler, silencer, missile, projectile, or ammunition designed foruse with a dangerous weapon; or (iii) other dangerous weapon intoa building owned or used by the Commonwealth or any agency or politicalsubdivision thereof for governmental purposes. The bill providesexceptions for law-enforcement officers, conservators of the peace,magistrates, court officers, judges, city or county treasurers, commissionersor deputy commissioners of the Virginia Workers' Compensation Commission,authorized security personnel, and active military personnel whilein the conduct of such individuals' official duties. The bill requiresthat notice of the provisions prohibiting the carrying of such weaponsbe posted at each public entrance to all buildings owned or leasedby the Commonwealth or any agency or political subdivision thereof.A third or subsequent offense of this or certain other firearms offensesis punishable as a Class 6 felony.
Demographic statements for bills; preparationby JLARC. Permits, beginning October 1, 2020, the Speaker of the House of Delegates, the Minority Leader of the House of Delegates,the Majority Leader of the Senate, and the Minority Leader of theSenate to request that a demographic statement, defined in the billas a statement that uses available data to outline the potentialeffects of a bill on specified demographic disparities within the Commonwealth, including a statement of whether the bill is likelyto increase or decrease such disparities, to the extent that suchdata is available, be prepared by the Joint Legislative Audit andReview Commission. Each requester may request the preparation ofup to five demographic statements per regular session of the GeneralAssembly. If a bill for which a demographic statement is preparedis introduced, the demographic statement shall be made availableto the public.
Grand larceny; threshold. Increases from$500 to $1,500 the threshold amount of money taken or value of goodsor chattel taken at which the crime rises from petit larceny to grandlarceny. The bill increases the threshold by the same amount forthe classification of certain property crimes.
State subsidy of property tax exemptions fordisabled veterans and surviving spouses. Requires the Commonwealthto subsidize local real estate tax relief for disabled veterans andsurviving spouses of members of the armed forces killed in action.The Commonwealth would subsidize localities for the amount of realestate tax revenue lost due to these constitutionally mandated taxrelief programs. The bill requiresthe Auditor of Public Accounts to establish an annual applicationprocess whereby a locality would demonstrate the amount of its realestate tax base that was lost. The Auditor would certify such amountsto the Governor and the General Assembly, and the Governor would include in the Budget Bill a proposed appropriation of the amountof the state subsidy to be provided to localities.
Family caregiver tax credit. Creates a nonrefundable income tax credit beginning in taxable year 2020 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver, but shall not exceed $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons. Both the caregiver and the eligible family member must be residents of Virginia. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The credit expires beginning with taxable year 2025.
Development and use of accessory dwelling units.Provides that all localities shall allow for the development anduse of one accessory dwelling unit (ADU) per single-family dwelling(SFD), notwithstanding any contrary provision of a zoning ordinance.The bill defines "accessory dwelling unit" or "ADU" as an independentdwelling unit on a single-family lot with its own living, bathroom,and kitchen space that may be within or attached to SFDs or in detachedstructures on lots containing SFDs. ADUs may include basements, attics,flats, guest houses, cottages, and converted structures such as garages and sheds. The bill requires localities to regulate the sizeand design of ADUs through an approval process, as well as regulatefees, parking, and other requirements, provided that the regulations(i) are not so arbitrary, excessive, or burdensome, individuallyor cumulatively, as to unreasonably restrict the ability of propertyowners to utilize or create ADUs and (ii) do not require the propertyowner to occupy the ADU or SFD as his primary residence.