Sen. Bill DeSteph

Maddy summaryThis Senate resolution formally commends Dan Hoffler for his retirement as chair of the board of directors for Armada Hoffler, a real estate investment firm he founded in 1979. The measure highlights his 45-year leadership in growing the company into a major developer of multifamily, office, and retail properties with a portfolio valued at over $2 billion. It also notes his role in fostering a company culture based on integrity and his mentorship of employees during the leadership transition. The resolution directs the Senate Clerk to prepare a copy of the document to present to Hoffler as a token of appreciation for his contributions to Virginia Beach and Hampton Roads.

Maddy summaryThis Senate resolution formally commends former Governor Robert F. McDonnell for his recent selection as the 72nd First Citizen of Virginia Beach by the Virginia Beach Jaycees. The bill recognizes his extensive contributions to the community, including his service as a state legislator, Attorney General, and Governor, as well as his ongoing work in business development and various charitable organizations. It directs the Senate Clerk to prepare a copy of the resolution to present to McDonnell as an official expression of the Senate's admiration for his achievements.

Virginia Public Procurement Act; preference for products made or manufactured in Virginia and the U.S.; recyclable content; report. Provides preference for a bidder who is a resident of Virginia over a bidder who is a resident of any other state in determining the award for any contract for goods, services, or construction under the Virginia Public Procurement Act. When a bidder is a resident of Virginia and the lowest responsive and responsible bidder is a resident of another state, the Virginia resident shall be given the option to match the price of the nonresident bidder. The bill directs the Secretary of Commerce and Trade to convene a stakeholder work group to recommend revisions to the recyclable materials tax credit and report on the work group's recommendations by November 1, 2024.

Alcoholic beverage control; annual mixed beverage performing arts facility licenses; on-and-off premises wine and beer licenses. Defines performing arts facility and sports facility and standardizes the eligibility criteria for annual mixed beverage performing arts facility licenses and on-and-off-premises wine and beer licenses for performing arts food concessionaires. Under current law, the eligibility criteria for such licenses varies by location and includes inconsistent ownership, lease, capacity, and seating requirements. The bill also removes provisions that allow the Board of Directors of the Virginia Alcoholic Beverage Control Authority to grant annual mixed beverage motor sports facility licenses and motor car sporting event facility licenses and creates an annual mixed beverage sports facility license, which may be granted to persons operating a sports facility or food concessions at a sports facility and would authorize the licensee to sell mixed beverages during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. This bill is identical to HB 1349, SB 400, SB 657, and SB 724.

Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide. The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of fentanyl, heroin, or carfentanil based on the weight of such mixtures or substances. Additionally, the bill creates the Task Force on Fentanyl and Heroin Enforcement whose purpose is to study ways to enhance the ability of law-enforcement officers throughout the Commonwealth to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations.

Virginia Employment Commission; appeals proceedings;appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regard to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments. This bill is identical to HB 1453.

Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law.The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.

Persons other than ministers who may perform rites of marriage; former statewide legislators and officials; clerk of a circuit court. Adds any (i) former member of the General Assembly; (ii) former Governor, Lieutenant Governor, or Attorney General of the Commonwealth; or (iii) current or former clerk of a circuit court of the Commonwealth who is a resident of the Commonwealth to the list of persons who may perform the rites of marriage in the Commonwealth without the necessity of bond or order of authorization.

Hate crimes and discrimination; ethnic animosity; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin and prohibits such discrimination. The bill also adds victims who are intentionally selected because of their ethnic origin to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of ethnic origin. This bill incorporates SB 120 and is identical to HB 18.

Towed vehicles; stolen or misused vehicle; police report. Requires the owner of a vehicle that was stolen, illegally used, or used without his permission and subsequently subject to a law-enforcement initiated tow to provide the report number and the name of the law-enforcement agency receiving the report that the motor vehicle was stolen, illegally used, or used without his permission to the towing facility where the vehicle is being stored in order to remove the vehicle without paying towing and storage fees.