Sen. Travis Hackworth

Maddy summaryThis Senate resolution formally commends David Olive for his retirement as president of Bluefield University after 17 years of service. The bill highlights his career achievements, including leading the university's strategic growth, expanding academic programs, and overseeing campus construction projects. It also notes his extensive leadership roles in higher education organizations and his recent appointment as the university's first chancellor. The resolution directs the Senate Clerk to present a copy of the document to Olive as an official expression of appreciation from the Senate of Virginia.

Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances without additional screening or other requirements, provided that such conviction occurred more than five years prior to the application date for employment.

Department of Environmental Quality; review and authorization of projects; hearing and appeal. Allows any person aggrieved by the final decision of the Department of Environmental Quality regarding the authorization of a project and who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department to seek judicial review of such action in accordance with the Administrative Process Act in the Circuit Court of the City of Richmond within 30 days of such decision. The bill requires the court to hear and decide such action as soon as practicable after the date of filing. This bill is identical to HB 122.

Board of Accountancy; powers and duties. Repeals the requirement for an annual audit of the Board of Accountancy and amends several Code provisions relating to the Board. The bill changes the Secretariat of the Board from the Secretary of Commerce and Trade to the Secretary of Finance. The bill authorizes the Board to initiate complaints against (i) individuals or firms claiming to hold a Virginia license, as defined in the bill, and (ii) unlicensed individuals or firms using the certified public accountant title in Virginia, as defined in the bill. The bill also grants the Executive Director of the Board the power to request and receive reports from the Central Criminal Records Exchange in conjunction with the Executive Director's investigative and enforcement powers. Finally, the bill directs the Board to adopt emergency regulations to implement the provisions of the bill. This bill is identical to HB 1337.

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.

Board of Veterinary Medicine; powers and duties; veterinary satellite offices. Requires the Board of Veterinary Medicine to regulate, inspect, and register all satellite offices where veterinary medicine is practiced. The bill directs the Board to adopt emergency regulations to implement the provisions of the bill.

Individual income tax subtraction; income earned in certain localities. Directs the Department of Taxation and the Commission on Local Government to assess the need for income tax relief in double distressed localities in the Commonwealth that have experienced significant loss of population since 2013. The Department and the Commission must report on their recommendations to the Governor and the Chairmen of the Senate Committee on Finance and Appropriations and the House Committees on Finance and Appropriations by November 1, 2024.

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.

Board of Nursing; certain students in nursingeducation programs; out-of-state clinical sites. Directs theBoard of Nursing to amend its regulations to permit students in nursing education programs in the Commonwealth who live within 60 miles ofa bordering state or the District of Columbia to complete an unlimitednumber of required clinical hours at out-of-state clinical sites.The bill requires the regulations to specify that the Board mustaccept such hours for licensure.

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.