Destruction of criminal history information for certain charges and convictions. Provides that a court shall enter an order of destruction for police and court records, in the absence of good cause shown to the contrary by the Commonwealth, for a deferred disposition dismissal of (i) underage alcohol possession when one year has passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied or (ii) possession of marijuana when three years have passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied. The bill also provides that any person who has received such deferred disposition dismissals may file a petition with the court that disposed of such charge for an order of destruction at any time provided that all court costs and fines and all orders of restitution have been satisfied. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. The provisions of the bill are contingent on funding in a general appropriation act. This bill incorporates SB 287.
Commending the Division of Capitol Police.
Study; JCOTS to study consumer data privacy in the Commonwealth; report. Directs the Joint Commission on Technology and Science to establish an advisory committee to study consumer data privacy in the Commonwealth. The advisory committee is directed to review and document prevalent means of data collection by both the public and private sector, identify uses of data that should be encouraged and incentivized, recommend how to best protect personal and consumer data from misuse, and develop potential legislative recommendations.
JLARC; association health plans for the individual market;review. Directs the Joint Legislative Audit and Review Commission (JLARC),as part of its review and evaluation of the agencies and programs under theSecretary of Health and Human Services, to examine and review the implicationsof the establishment, implementation, and administration of a program, to beknown as the Commonwealth Care Health Benefits Program (the Program), underwhich a division of the State Corporation Commission (the Commission), ornonprofit corporation established by the Commission, will be the sponsor ofassociation health plans through which it will sell individual health insurancecoverage in the Commonwealth. The bill provides that JLARC shall request andconsider information and input from the Commission's Bureau of Insurance andthe Secretary of Health and Human Resources. The bill provides that elements ofthe Program to be reviewed and examined by JLARC shall include the following:(i) implementation of the Program would be contingent on the approval of theU.S. Secretary of Health and Human Services of a state innovation waiver under§ 1332 of the Affordable Care Act (ACA); (ii) the Commission will retain staffsufficient to establish and implement the Program; (iii) the Program willarrange for a number of third-party administrators, sufficient to ensurecompetition but in no event fewer than two; (iv) the Program will design andimplement health plans that are comparable those currently sold through thefederal exchange; (v) the covered benefits provided under a plan offeredthrough the Program would provide coverage that a large group plan orassociation health plan subject to the federal Employee Retirement IncomeSecurity Act of 1974 (ERISA) is required to provide so long as one or morehealth plans provide additional benefits as may be required to provide coveragethat is at least as comprehensive and affordable as plans currently offered onthe exchange pursuant to the ACA or otherwise to comply with the Guardrailrequirements of the ACA; (vi) the Program will address the establishment of areinsurance program; (vii) health plan premiums for individuals with ahousehold income between 100 percent and 400 percent of the federal povertylevel would be subsidized; (viii) the Program will offer a cost-sharingreduction feature that removes disincentives to Program participation bylow-income individuals who are enrolled in the Medicaid program; (ix)individuals will still be able to purchase individual health insurance coverageoutside of the Program; (x) premiums for the plans offered through the Programwill be set by the third-party administrators, subject to approval by theCommission with assistance of qualified actuaries; (xi) the Program would bedesigned and operated in order to ensure that any shortfall in revenues isaddressed by the reinsurance program and by self-funding a reserve that isdetermined by the Corporation's actuary to be adequate, and (xii) the Programwill include premium incentives for compliance with wellness or chronic diseasemanagement benefit programs. The bill requires JLARC to report its findings andconclusions to the Joint Committee for Health and Human Resources Oversight.
Virginia Freedom of Information Act; electronicmeetings; serious medical condition of immediate family member. Addsto current provisions regarding meetings that a public body may conductthrough electronic communication means a meeting for which on orbefore the day of a meeting a member of the public body holding themeeting notifies the chair of the public body that such member isunable to attend the meeting due to a serious medical condition ofan immediate family member. The bill also clarifies that participationin an electronic meeting by a member of a public body due to an inabilityto attend because of a personal matter is limited each calendar year to either two meetings or 10 percent of the meetings held that calendaryear, whichever is greater.
Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act to mean a business that together with its affiliates has both 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. Currently for these programs, a business qualifies as a small business if, together with its affiliates, it has either 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.
Water and sewer service charges; tenant or lessee.Reduces the maximum potential responsibility of a property ownerfor a tenant's unpaid water and sewer charges by capping the dollaramount of such property owner's responsibility at $200.
Study; VDACS; sources, scale, and prevention of food waste in the Commonwealth; report. Directs the Virginia Department of Agriculture and Consumer Services (VDACS) to study, in consultation with the Department of Environmental Quality and stakeholders, the sources, scale, and prevention of food waste in the Commonwealth. In conducting its study, VDACS shall (i) assess the total annual statewide rate of preventable food waste received by landfills within the Commonwealth; (ii) identify the industry sectors within the Commonwealth that contribute to preventable food waste, and determine their rate of contribution to such waste; (iii) identify alternative uses of food that is wasted; and (iv) recommend policies to reduce the annual rate of preventable food waste in the Commonwealth with data-driven reduction targets and timelines, including food donation requirements for certain food waste from grocery stores and restaurants. The provisions of the bill are contingent on funding in a general appropriation act.
Study; Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis; report. Establishes the Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis (Joint Subcommittee). The bill requires the Joint Subcommittee to (i) study and provide guidance on the potential creation of a Cannabis Control Commission to oversee licensing and regulation of industrial hemp, medical cannabis, and adult-use of cannabis; (ii) provide regulatory guidance on potential tax rates and revenue forecasts for retail and wholesale products; (iii) study and make recommendations regarding the issuance of initial cultivation and retail licenses; (iv) develop and recommend a fee structure and grandfathering process for current pharmaceutical processors; (v) study and recommend potential marijuana advertising regulations; (vi) study and determine appropriate public consumption venues and personal cultivation allowances; (vii) study funding and processing requirements for expungement of criminal records and rights restoration related to marijuana decriminalization; (viii) study and recommend methods for diversifying ownership of the marijuana market; (ix) assess the California, Massachusetts, and Illinois marijuana programs and their effectiveness in transferring economic prosperity to disproportionately affected areas; (x) study the potential development of a community reinvestment fund; and (xi) review and analyze National Highway Traffic Safety Administration studies on marijuana-related impairment. The joint subcommittee shall also review studies conducted by JLARC considering the legalization and regulation of the growth, sale, and possession of marijuana and any recommended best practices and policies to address the impact of marijuana prohibition on marginalized members of the community.
Barbers and cosmetologists; training requirement. Prohibits the Board for Barbers and Cosmetology from requiring completion of more than 1,200 hours of training in the field for which an applicant for a license to practice barbering or cosmetology seeks licensing. The bill also requires that certain licensed cosmetologists certify to the Board every two years that they have completed at least four hours of Board-approved continuing education. The bill has a delayed effective date of December 1, 2020.
Virtual Virginia; availability. Expands the availability of the Virtual Virginia Program to public middle schools.
Department of Professional and Occupational Regulation; contractors; boiler and pressure vessel operator license. Creates a two-tiered category of licensure administered by the Department of Professional and Occupational Regulation's Board for Contractors for any person who has primary responsibility for maintaining boiler, unfired pressure vessel, and water heater operations in a multifamily dwelling unit.
