Provides that a lien granted to the Commonwealth against any recovery from a third party obtained by an injured person, or the personal representative of a decedent, whose medical costs were paid pursuant to the Virginia Medical Assistance Program shall attach only to the portion of the claim representing compensation for medical expenses incurred by the injured person. The bill further provides that such lien shall be reduced by deducting from the portion of the recovery representing compensation for such medical costs the pro rata share of attorney fees, costs, and expenses incurred by the injured party or decedent. The provisions of the bill are contingent upon funding in a general appropriation act.
Provides that a defendant in a suit for partition may elect to purchase the property at fair market value. If the election to purchase fails to close and title fails to pass to the petitioner for any reason, then the court may order that the petitioner pay reasonable attorney fees and costs to the opposing party. The bill further provides that only if the election fails or no party elects to purchase the property may the court proceed with allotting the property to one or more parties.
Left in Appropriations
Allows contracting entities to contract for the provision of solar services in order to reduce energy cost. The measure authorizes any contracting entity to purchase services under a solar services agreement entered into by another contracting entity, even if it did not participate in the request for proposals, if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities. The measure specifies that terms and conditions of project agreements for the provision of solar energy that reference the terms and conditions of a master solar power purchase agreement shall be binding and effective for the life of the project agreements, whether or not the master power purchase agreement is still in effect. The bill provides that it is applicable to any solar services agreement regardless of the date of the agreement.
Provides that the court may, upon request of an offender convicted for DUI who has not been previously prohibited from operating a vehicle that is not equipped with a functioning ignition interlock system, order that the offender (i) wear a secure transdermal alcohol-monitoring device that continuously monitors the person's blood alcohol level and (ii) refrain from alcohol consumption. The bill provides that if an offender is ordered to wear such a device, the only conditions that will be imposed upon the offender's restricted driver's license, if one is issued, shall be the wearing of such a device and the existing requirement to have an ignition interlock system. The bill also provides that it is a Class 1 misdemeanor to tamper with or in any way attempt to circumvent the operation of a secure transdermal alcohol-monitoring device.
Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police. The provisions of the bill are contingent upon funding in a general appropriation act.
Provides that the cost of textbooks will be included in the calculation of the amount of Virginia National Guard education grants, and clarifies that the eligibility requirement of a two-year remaining obligation is from the last day of the semester or term for which the grant is awarded. This bill incorporates
Requires the Board of Corrections to adopt standards for mental health services in local and regional correctional facilities, which shall include a requirement that (i) the sheriff of every county and city in which a local correctional facility is located enter into an agreement with the community services board serving that county or city for the delivery of mental health and substance abuse services in the local correctional facility and (ii) the administrator of every regional correctional facility enter into an agreement with the community services board or boards serving the counties and cities participating in the regional correctional facility for the delivery of mental health and substance abuse services in the regional correctional facility. If a sheriff contracts with an entity other than a community services board for the provision of mental health and substance abuse services, the sheriff may continue to use such alternative service. The bill also requires community services boards to provide mental health and substance abuse services to individuals in local and regional correctional facilities and establishes a procedure for the delivery of services to individuals released from local and regional correctional facilities by the community services board serving the local or regional correctional facility or the community services board serving the county or city in which the individual will reside upon his release. The provisions of the bill are contingent on funding in a general appropriation act.
Requires drivers to give a signal plainly visible to pedestrians or other drivers upon backing, stopping, turning, or partly turning from a direct line whenever any pedestrian or other vehicle may be affected by such movement. Current law requires such signaling if such movement can be made safely and whenever the operation of any other vehicle may be affected by such movement.
Reduces the penalties for possession of marijuana to a fine of not more than $500 and makes a first offense violation that has been deferred and dismissed under § 18.2-251 eligible for expungement. Under current law, possession of marijuana is punishable by confinement in jail for not more than 30 days and a fine of not more than $500, either or both. The bill provides that any person seeking expungement of such first offense violation shall be assessed a $300 fee, of which $150 shall be paid into the Heroin and Prescription Opioid Epidemic Fund, created by the bill, and $150 shall be paid into the state treasury and credited to the Department of State Police. The bill has a delayed effective date of January 1, 2019, except for the provisions related to the reduction of penalties for possession of marijuana, which shall become effective July 1, 2018. The provisions of the bill are contingent upon funding in a general appropriation act. The bill contains technical amendments.
Defeated by House (48-Y 52-N)
Creates the Western Virginia Transportation Fund (Fund), to be used by the West Virginian Transportation Commission, also created by the bill, to fund transportation projects in Planning Districts 1, 2, 3, 4, 5, 6, and 7. The bill imposes an additional 2.1 percent regional tax on motor vehicle fuels in the counties and cities in such planning districts to generate revenue for the Fund.
