Sen. Frank Ruff

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.

Pain-Capable Unborn Child Protection Act; penalty.Creates the Pain-Capable Unborn Child Protection Act. The Act prohibitsan abortion after 20 weeks gestation unless, in reasonable medicaljudgment, the mother has a condition that so complicates her medicalcondition as to necessitate the abortion to avert her death or toavert serious risk of substantial and irreversible physical impairmentof a major bodily function. When an abortion is not prohibited post-20weeks' gestation, the physician or authorized nurse practitioner is required to terminate the pregnancy in a manner that would providethe unborn child the best opportunity to survive. The bill punishes performance of an abortion in violation of the Act as a Class 6felony. The bill also provides for civil remedies against a physicianor authorized nurse practitioner who performs an abortion in violationof the Act.

Commending Weldon Edwards.

School principals; incident reports. Requires that school principals report to law enforcement certain enumerated acts that may constitute a misdemeanor offense and report to the parents of any minor student who is the specific object of such act that the incident has been reported to law enforcement. Under current law, principals are required to make such reports only for such acts that may constitute a felony offense. This bill was incorporated into SB 36.

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.

Coastal Virginia Resiliency Authority; established. Establishes the Coastal Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17-member Board of Directors as follows: (i) the Secretary of Natural and Historic Resources or his designee; (ii) the Secretary of Transportation or his designee; (iii) the Chair of the Senate Committee on Agriculture, Conservation and Natural Resources or his designee; (iv) the Chair of the House Committee on Agriculture, Chesapeake and Natural Resources or his designee; (v) two members of the Senate appointed by the Senate Committee on Rules; (vi) two members of the House of Delegates appointed by the Speaker of the House; (vii) an Officer, defined in the bill, from the each of the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, and Accomack-Northampton Planning District Commissions selected by the Governor; and (viii) three nonlegislative members who reside in the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, or Accomack-Northampton Planning District Commissions appointed by the Joint Rules Committee. Certain portions of the bill have a delayed effective date of January 1, 2023.

Uniform Statewide Building Code; religious exemptions. Provides that the Board of Housing and Community Development shallhave the power to grant religious exemptions from the Uniform StatewideBuilding Code if certain findings are made by the Board.

Agribusiness. Clarifies that existing agribusinessin the Commonwealth includes farmers markets and roadside farm markets.

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.

Sales tax; exemption for food purchased forhuman consumption and essential personal hygiene products. Exemptsfood purchased for human consumption and essential personal hygieneproducts (the grocery tax) from all state, regional, and local salestaxes.