Virginia Residential Property Disclosure Act;required disclosures for buyer to beware; marine clays. Providesthat the owner of residential property makes no representations withrespect to whether the property is located on or near deposits ofmarine clays (marumsco soils). The bill also advises purchasers toexercise whatever due diligence is deemed necessary in accordancewith terms and conditions as may be contained in the real estatepurchase contract, including consulting public resources regardinglocal soil conditions and having the soil and structural conditionsof the property analyzed by a qualified professional.
Virginia Freedom of Information Act; library records. Clarifies that information contained in library records that can be used to identify any library patron who has borrowed or accessed material or resources from a library as well as the material or resources such patron borrowed or accessed is exempt from disclosure under the Virginia Freedom of Information Act. This bill is identical to SB 259.
Establishment of the Virginia Missing Childwith Autism Alert Program. Creates a program for local, regional,or statewide notification of a missing child with autism. The billdefines a missing child with autism as a child (i) whose whereaboutsare unknown; (ii) who has been diagnosed with autism spectrum disorder; (iii) who is 17 years of age or younger or is currently enrolledin a secondary school in the Commonwealth, regardless of age; and (iv) whose disappearance poses a credible threat as determined bylaw enforcement to the safety and health of the child and under suchother circumstances as deemed appropriate by the Virginia State Police.
Virginia Freedom of Information Act; public institutions of higher education; information related to pledges and donations. Provides that no discretionary exclusion in FOIA shall apply to protect information relating to the amount, date, purpose, and terms of a pledge or donation made to a public institution of higher education. The bill provides that the identity of the donor shall be protected only if (i) the donor has requested anonymity in connection with or as a condition of making a pledge or donation and (ii) the pledge or donation does not impose terms or conditions directing academic decision-making. As introduced, the bill was a recommendation of the Virginia Freedom of Information Advisory Council. This bill is identical to HB 510.
Department of General Services; disposition of surplus materials; donation of surplus computers; United States military. Requires the Department of General Services to permit surplus computers and related equipment to be donated to organizations in the Commonwealth granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code that refurbish computers and related equipment for donation to veterans and active military, naval, or air service members. The bill also provides that any such donation to an organization shall be conditioned upon, and in consideration of, the organization's promise to refurbish the donated equipment and distribute it free of charge to such veterans or active military, naval, or air service members.
Landlord and tenant; remedy for unlawful ouster; ex parte issuance of order to recover possession. Provides that, upon receipt of a petition for an order to recover possession or restore essential services alleging a tenant's unlawful ouster from the rental premises and a finding that the petitioner has attempted to provide the landlord with actual notice of the hearing on the petition, the judge of the general district court may issue such order ex parte upon a finding of good cause to do so. The bill further provides that an ex parte order shall be a preliminary order that specifies a date for a full hearing on the merits of the petition, to be held within five days of the issuance of the ex parte order.
Tangible personal property tax; classes of property; satellites. Extends the sunset date for the classification of tangible personal property used in manufacturing, testing, or operating satellites within a Multicounty Transportation Improvement District as a separate class of property from June 30, 2019, to June 30, 2029. This bill is identical to HB 724.
Capacity determinations; physician assistant. Expands the class of health care practitioners who can make the determination that a patient is incapable of making informed decisions to include a licensed physician assistant. The bill provides that such determination shall be made in writing following an in-person examination of the person and certified by the physician assistant. This bill is identical to SB 544.
Guardians ad litem for children; certification of compliance with certain standards. Requires guardians ad litem appointed to represent a child in a matter to conduct an investigation in compliance with certain standards. The bill requires a guardian ad litem to file with the court, along with any attorney representing a party or party proceeding pro se, a certification of the guardian ad litem's compliance with such standards, specifically addressing such standards requiring face-to-face contact with the child. The bill further requires the guardian ad litem to document the hours spent satisfying such face-to-face contact requirements and specifies that compensation for such contact shall be at the same rate as that for in-court service.
Adults sentenced for juvenile offenses; good conduct credit. Provides that an adult sentenced for a juvenile offense can earn good conduct credit at the rate of one day for each one day served, including all days served while confined in jail or secured detention prior to conviction and sentencing, in which the adult has not violated the written rules and regulations of the jail. This bill is a recommendation of the Virginia Criminal Justice Conference and is identical to SB 307.
Bail bondsman; deposit for surrender of principal for reasons other than principal's failure to appear. Provides that if a bail bondsman on a bond in a recognizance surrenders his principal for any reason other than the principal's failure to appear in any court, the bondsman shall deposit with the clerk of court or magistrate the greater of 10 percent of the amount of the bond or $50, which shall be made at such time the bondsman makes application for a capias. Under current law, such deposit is made by a bail bondsman on a bond in recognizance if he surrenders his principal for any reason other than a summons to show cause issued by the court for which the principal is to appear. The bill also replaces "principal" with "payer" in specifying to whom deposited funds are returned if the court finds that the surrender of the principal by the bondsman was unreasonable. If the bondsman does not petition the court for the return of the deposited funds within 15 days from the surrender of the principal, the deposited funds shall be paid into the state treasury to be credited to the Literary Fund. This bill incorporates HB 138.
State and Local Government Conflict of Interests Act and Virginia Freedom of Information Act; training requirements; executive directors and members of industrial development authorities and economic development authorities. Requires the executive director and members of each industrial development authority and economic development authority, as created by the Industrial Development and Revenue Bond Act, to take training on the provisions of the State and Local Government Conflict of Interests Act and the Freedom of Information Act at least once every two years. The bill requires such officials in office on July 1, 2020, to complete such training no later than December 31, 2020. Training on the Virginia Freedom of Information Act may be provided online by the Virginia Freedom of Information Advisory Council or the local government attorney. Training on the State and Local Government Conflict of Interests Act shall be provided by the Virginia Conflict of Interest and Ethics Advisory Council and may be provided online. The clerk of the respective governing body is responsible for maintaining training records. This bill is identical to SB 701.
