Taxes on tobacco products; penalties. Provides that tobacco products, defined in the bill, would be subject to tax at rates of $1.80 per pack of cigarettes or 39 percent of the wholesale price for all other tobacco products. Current law imposes taxes of $0.30 per pack of cigarettes, 10 percent of the wholesale price of certain tobacco products, and various weight-based rates that apply to moist snuff and loose leaf tobacco. The bill broadens the definition of "tobacco product" to include electronic smoking devices, which are not taxed under current law. The bill authorizes all localities to tax all tobacco products with no restriction on the tax rate. Under current law, cities may tax only cigarettes, and the Counties of Arlington and Fairfax may tax cigarettes at a rate no higher than the state rate. The bill dedicates portions of revenue accruing as a result of the tax increases and new taxes established by the bill to the Department of Health for its costs related to Quit Now Virginia for the purpose of providing free information and coaching to residents who want to quit smoking or using tobacco; to the Virginia Foundation for Healthy Youth to fund initiatives to prevent or reduce youth tobacco use; to the Department of Behavioral Health and Developmental Services to fund initiatives to educate merchants on the laws governing the sale of tobacco products; and to the general fund.
Sponsored bills
Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of every five cents collected. This bill was incorporated into SB 11.
Virginia Personnel Act; hiring preference instate government for persons with disabilities. Establishes ahiring preference in state government for persons with disabilities,provided that such person meets all of the knowledge, skill, andability requirements for the available position and such person'sdisability is unrelated to his qualifications for and ability toperform the duties of the available position. The bill defines "personwith a disability" as any person who has a physical or mental impairmentthat substantially limits one or more of his major life activities or who has a record of such impairment.
Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. This bill was incorporated into SB 868.
Juvenile records; expungement. Providesfor the expungement of juvenile records for offenses that wouldbe felony larceny if committed by an adult. Under current law, juvenilerecords of all delinquent acts that would be a felony if committed by an adult are retained.
Presidential electors; National Popular VoteCompact. Enters Virginia into an interstate compact known asthe Agreement Among the States to Elect the President by NationalPopular Vote. Article II of the Constitution of the United Statesgives the states exclusive and plenary authority to decide the mannerof awarding their electoral votes. Under the compact, Virginia agreesto award its electoral votes to the presidential ticket that receivesthe most popular votes in all 50 states and the District of Columbia.The compact goes into effect when states cumulatively possessinga majority of the electoral votes have joined the compact. A statemay withdraw from the compact; however, a withdrawal occurring withinsix months of the end of a President's term shall not become effectiveuntil a President or Vice President has qualified to serve the next term.
Ranked choice voting; elections for local governingbodies; local option pilot program. Provides that elections forlocal governing bodies may be conducted by ranked choice voting,which the bill defines as the method of casting and tabulating votesin which (i) voters rank candidates in order of preference, (ii)tabulation proceeds in rounds in each of which either a candidateor candidates are elected or the last-place candidate is defeated,(iii) votes for voters' next-ranked candidates are transferred fromelected or defeated candidates, and (iv) tabulation ends when thenumber of candidates elected equals the number of offices to be filled. The bill allows any local governing body to decide to conduct suchelection by ranked choice voting and requires any such decision tobe made in consultation with the local electoral board and generalregistrar and by a majority vote of the governing body. The bill authorizesthe State Board of Elections to promulgate regulations for the properand efficient administration of elections determined by ranked choicevoting. The bill provides that any costs incurred by the Departmentof Elections related to technological changes necessary for the implementationof ranked choice voting pursuant to the bill shall be charged tothe localities exercising the option to proceed with ranked choice voting. The bill has a delayed effective date of July 1, 2021, andsunsets on July 1, 2031.
Pharmacy benefits managers. Requires pharmacy benefits managers to register with the Commissioner of the Bureau of Insurance. 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, deceptive, or misleading; (ii) charge a pharmacist or pharmacy a fee related to the adjudication of a claim; (iii) engaging, with the express intent or purpose of driving out competition or financially injuring competitors, in a pattern or practice of reimbursing retail community pharmacies or pharmacists in the Commonwealth consistently less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services; (iv) collecting or requiring a pharmacy or pharmacist to collect from an insured a copayment for a prescription drug at the point of sale in an amount that exceeds the lesser of the contracted copayment amount, the amount an individual would pay for a prescription drug if that individual was paying cash, or the contracted amount for the drug; (v) 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; (vi) penalize or give an inducement to a covered individual for the purpose of having the covered individual use a specific retail community pharmacy, mail order pharmacy, or another network pharmacy provider that is a pharmacy benefits manager affiliate; (vii) prohibiting a pharmacist or pharmacy from offering and providing direct and limited delivery services including incidental mailing services, to an insured as an ancillary service of the pharmacy; (viii) charging a fee related to the adjudication of a claim without providing the cause for each adjustment or fee; (ix) steer a covered individual to a pharmacy in which the pharmacy benefit manager maintains an ownership interest or control without making a written disclosure to and receiving acknowledgment from the covered individual; or (x) 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 requires each carrier to ensure that, before a particular drug is placed or continues to be placed on a Maximum Allowable Cost List, the drug meets certain standards, is available for purchase in the Commonwealth, and is not obsolete. The measure establishes requirements allowing network pharmacy providers to readily access the maximum allowable cost specific to that provider and requires Maximum Allowable Cost Lists to be updated every seven days. The measure requires the establishment of reasonable appeal procedures. The measure also imposes recordkeeping and reporting requirements and provides that information or data acquired therefrom is considered proprietary and confidential and is not subject to the Virginia Freedom of Information Act. This bill was incorporated into SB 251.
Constitution of the United States; Equal RightsAmendment. Ratifies the Equal Rights Amendment to the Constitutionof the United States that was proposed by Congress in 1972.
Commending the Washington Nationals.