Landfill siting; historic preservation.Prohibits the construction of any new municipal solid waste landfillwithin three miles of any designated historic district, building, structure, object, or site.
Commemorative commission; Old Senate Chamber; statue of Booker T. Washington. Expresses the Senate of Virginia's support for and calls upon the Chairman of the Senate Committee on Rules to establish a commemorative commission to honor Booker T. Washington with a statue in the Old Senate Chamber.
Children's Services Act; eligibility for state pool of funds; pilot program related to educational placement transition for certain students with disabilities. Expands eligibility for use of the state pool of funds under the Children's Services Act to services that are provided in a public school setting and requires that private day schools be approved and licensed by the Department of Education or an equivalent out-of-state licensing agency to be eligible for the state pool of funds. The bill requires the Department of Education and relevant local school boards to develop and implement a pilot program for up to four years in two to eight local school divisions in the Commonwealth. In developing the pilot, the Department is required to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children's Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The bill requires the Department of Education to make a report to the Governor, the Senate Committees on Education and Health and Finance and Appropriations, and the House Committees on Education and Appropriations on the findings of each pilot program after two and four years.
Medical malpractice; limitation on recovery.Eliminates the cap on the recovery in actions against health careproviders for medical malpractice where the act or acts of malpracticeoccurred on or after July 1, 2021.
Auxiliary grants; assisted living facilities.Directs the Commissioner for Aging and Rehabilitative Servicesto adopt regulations that allow an assisted living facility in which30 percent or more of the residents are auxiliary grant recipientsto receive 200 percent of the auxiliary grant rate.
Advanced recycling; definition. Defines"advanced recycling" as a manufacturing process for the conversionof post-use polymers and recovered feedstocks into basic hydrocarbonraw materials and other materials. The bill also defines "gasification,""post-use polymer," and other terms related to advanced recycling.
Electronic execution of estate planning documents;Uniform Electronic Wills Act. Permits trusts, advance medicaldirectives, and refusals to make anatomical gifts to be signed andnotarized, as appropriate, by electronic means. The bill also codifiesthe Uniform Electronic Wills Act, which permits a testator to executea will by electronic means. The Act requires that the will be signedby two witnesses who are in the physical or electronic presence ofthe testator and acknowledged by the testator and attesting witnessesin the physical or electronic presence of a notary public.
Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains, provided that any such person is 18 years of age or older and of sound mind. The bill sets out, among other things, the circumstances under which such persons forfeit the right to make arrangements and otherwise be responsible for a person's funeral and the disposition of his remains and sets out assertions that a person seeking to exercise the right to make such arrangements must attest to in a signed written statement to be delivered to the funeral service establishment. Any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon such a written statement shall be immune from civil or criminal liability for any act, decision, or omission in connection with following such person's direction related to the decedent's funeral and the disposition of his remains, unless such act, decision, or omission resulted from willful neglect or bad faith. The bill sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill specifies that the provisions do not apply to cemeteries or cemetery companies.
Expungement of emergency and preliminary protectiveorders. Provides that a person against whom an emergency or preliminaryprotective order has been issued may petition to have police andcourt records relating to such order expunged if the order expires,is dissolved by the issuing court, or if a hearing for the issuanceof a permanent protective order is scheduled or held and such permanentprotective order is subsequently not issued.
Worker classification; independent contractors. Provides that in a proceeding involving allegations of worker misclassification an individual or business is not considered an employee with respectto a hiring party if the person qualifies as an independent contractorrelative to the hiring party under the common law right-of controltest as established by the Internal Revenue Service Revenue Ruling87-41, by an applicable determination of the Internal Revenue Service,or if (i) the individual or business signs a written contract withthe hiring party stating that the individual or business is self-employedor is being engaged as an independent contractor and containing certainacknowledgments, (ii) the individual or business has the right tocontrol the manner and means by which the final result of the workis to be accomplished, and (iii) four or more additional criteriaprovided for in the bill are satisfied. The bill also provides thata hiring party alleging that a worker misclassification claim is frivolous or improper may file a motion to dismiss such claim. Thebill provides that a contract or written agreement expressly statingthat a claimant is not considered an employee is considered as primafacie evidence of a violation of frivolous pleading provisions.
Filing an order of disposition from a criminalcase in general district courts. Provides that any adult criminaldisposition for a misdemeanor or felony in a juvenile and domesticrelations district court may be submitted to the general districtcourt of the same territorial jurisdiction to be filed as a generaldistrict court record upon a petition filed by the victim of theoffense and with the consent of the juvenile and domestic relationsdistrict court.
Criminal cases; transfer to general districtcourt. Provides that any criminal proceeding pending in a juvenileand domestic relations district court may be transferred to the generaldistrict court in the same territorial jurisdiction for disposition,provided that the offender and the victim are both age 18 or olderat the time of the offense, upon the petition of a victim and withconsent of a juvenile and domestic relations district court judge.
