Sen. Mark Peake

Commending Liberty University.

Rate of tax on gasoline and diesel fuel.Lowers the rate of tax on gasoline and diesel fuel on July 1, 2022,from 26.2 cents per gallon to 21.2 cents per gallon on gasoline andfrom 27 cents per gallon to 20.2 cents per gallon on diesel fuel,the rates that were in effect before July 1, 2021. The bill providesthat the rate of tax on gasoline and diesel fuel will return to 26.2and 27 cents per gallon, respectively, on July 1, 2023, and willbe indexed based on the change in the United States Average Consumer Price Index; thereafter, the rate will be indexed annually.

Commending Ernest Cash.

Public charter schools; applications; reviewand approval. Permits the Board of Education (the Board) to receive, review, and rule upon applications for public charter schools andenter into agreements for the establishment of public charter schools.Under current law, the power to grant or deny a public charter schoolapplication and enter into an agreement for the establishment ofa public charter school rests solely with local school boards. Thebill also provides that the decision of the Board or a local schoolboard to grant or deny a public charter school application or to revoke or fail to renew a public charter school agreement is finaland is not subject to appeal. Current law contains an appeal processfor such decisions.

Income tax credit; small businesses. Provides, in taxable year 2022, an individual or corporate income tax credit, as applicable for an eligible small business, defined in the bill as a (i) (a) pass-through entity that employs fewer than 50 employees and that has no more than $10 million in gross receipts during such taxable year or (b) self-employed individual or (ii) corporation that is at least 51 percent independently owned by one or more United States citizens or legal resident aliens, employs fewer than 50 employees together with affiliates, and has no more than $10 million in gross receipts during the taxable year, and where the individual business owners must control both the management and daily operations of the business. The individual income tax credit is equal to the amount of Virginia income tax owed on up to $250,000 of personal income during such taxable year and the credit for a corporation equals the amount of Virginia income tax owed during such taxable year on up to $250,000 of the amount that is not deductible when computing federal tax due to Virginia's deconformity from certain provisions of the federal Consolidated Appropriations Act of 2020. The credit is subject to an aggregate cap of $75 million.

Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 30 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 30 days during which the rule, regulation, or order is effective, the Governor may once again issue the same rule, regulation, or order but shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next adjournment of the regular session of the General Assembly. The bill contains technical amendments and is incorporated into SB 4.

Emergency custody and temporary detention; hospitals and providers of behavioral health services; acceptance of custody. Requires every hospital with an emergency department to employ sufficient security staff to be able to accept custody of a person who is subject to emergency custody or temporary detention and who is transported to such hospital by a law-enforcement officer or receiving services at such hospital and requires every provider of behavioral health services licensed by the Department of Behavioral Health and Developmental Services to a person who is subject to emergency custody and may be transported for the required evaluation to (i) be licensed to provide the level of security necessary to protect both the person and others from harm, and actually capable of providing the level of security necessary to protect the person and others from harm, and (ii) accept custody of every person transported to such provider for evaluation by law enforcement. This bill was incorporated into SB 268.

Celebrating the life of the Honorable FrankDuVal Hargrove, Sr.

Commending the Honorable Paul S. Trible, Jr.

Public school teachers; probationary term ofservice, grounds for dismissal, and dismissal hearings. Permits each school board to extend for up to two additional years the three-yearprobationary term of service that is required for each teacher inthe school division before the issuance of a continuing contractand prohibits each school board from reemploying a teacher whoseperformance evaluation during such probationary period is not satisfactory.The bill provides that, for the purpose of the dismissal of a teacherfor cause, the term "incompetency" may be construed to include consistentfailure to meet the endorsement requirements for the position orone or more unsatisfactory performance evaluations. The bill alsoeliminates the option for a school board to conduct a teacher dismissalhearing before a three-member fact-finding panel, requires each suchhearing to be set no later than 15 days after the request for thehearing, and reduces from 10 days to five days the minimum periodof advance written notice to the teacher of the time and place ofsuch hearing.