Del. Dan Helmer

Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when a licensed audiologist prescribes such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.

Health insurance; coverage for fertility preservation procedures for cancer patients. Requires health insurance policies, subscription contracts, and health care plans to provide coveragefor standard fertility preservation procedures that are medicallynecessary to preserve the fertility of a covered individual due tothe covered individual's receiving cancer treatment that may directlyor indirectly cause iatrogenic infertility.

Extension of Shirley Gate Road; funding. Prohibitsthe use of state funds for the extension of Shirley Gate Road inFairfax County until the intersection at Popes Head Road and FairfaxCounty Parkway has been redesigned and the traffic light removed.

Individual and corporate income tax credit; employers of National Guard members and self-employed National Guard members. Allows a tax credit for employers of National Guard members and self-employed National Guard members.

Prohibiting sale, transport, etc., of assault firearms,certain firearm magazines, silencers, and trigger activators; penalties.Expands the definition of "assault firearm" and prohibits any personfrom importing, selling, transferring, manufacturing, purchasing, possessing,or transporting an assault firearm. A violation is a Class 6 felony. The billprohibits a dealer from selling, renting, trading, or transferring from hisinventory an assault firearm to any person. The bill also prohibits a personfrom carrying a shotgun with a magazine that will hold more than seven roundsof the longest ammunition for which it is chambered in a public place; underexisting law, this prohibition applies only in certain localities. The billmakes it a Class 6 felony to import, sell, transfer, manufacture, purchase,possess, or transport large-capacity firearm magazines, silencers, and triggeractivators, all defined in the bill. Any person who legally owns an assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator onJuly 1, 2020, may retain possession until January 1, 2021. During that time,such person shall (i) render the assault firearm, large-capacity firearmmagazine, silencer, or trigger activator inoperable; (ii) remove the assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator fromthe Commonwealth; (iii) transfer the assault firearm, large-capacity firearmmagazine, silencer, or trigger activator to a person outside the Commonwealthwho is not prohibited from possessing it; or (iv) surrender the assaultfirearm, large-capacity firearm magazine, silencer, or trigger activator to astate or local law-enforcement agency.The bill further states that any person who legally owns anassault firearm on July 1, 2020, may retain possession of such assault firearmafter January 1, 2021, if such person has obtained a permit from the Departmentof State Police to possess an assault firearm in accordance with proceduresestablished in the bill. A person issued such permit may possess an assaultfirearm only under the following conditions: (a) while in his home or on hisproperty or while on the property of another who has provided prior permission,provided that the person has the landowner's written permission on his personwhile on such property; (b) while at a shooting range, shooting gallery, orother area designated for the purpose of target shooting or the target range ofa public or private club or organization whose members have organized for thepurpose of practicing shooting targets or competing in target shooting matches;(c) while engaged in lawful hunting; or (d) while surrendering the assaultfirearm to a state or local law-enforcement agency. A person issued such permitmay also transport an assault firearm between any of those locations, providedthat such assault firearm is unloaded and secured within a closed containerwhile being transported. The bill also provides that failure to display thepermit and a photo identification upon demand by a law-enforcement officershall be punishable by a $25 civil penalty, which shall be paid into the statetreasury. The bill also requires the Department of State Police to enter thename and description of a person issued a permit in the Virginia CriminalInformation Network (VCIN) so that the permit's existence and current statuswill be made known to the law-enforcement personnel accessing VCIN forinvestigative purposes.

State Corporation Commission; members. Increasesfrom three to five the number of members of the State CorporationCommission. The measure requires that the new members be initiallyelected for a six-year term during the earlier of the 2021 Regular Session of the General Assembly or any special session convened priorthereto.

Veterans and active duty members of the ArmedForces; teachers; credit for service. Requires each local schoolboard to give any veteran or active duty member of any of the ArmedForces of the United States or the Commonwealth who it employs asa teacher in the local school division credit for any time servedin any such forces in determining such teacher's step on the localschool division's teacher salary scale.

Possession and consumption of marijuana; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $25. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that any violation of simple possession of marijuana shall be charged by a summons in form the same as the uniform summons for motor vehicle law violations and that no court costs shall be assessed for such violations. The bill also provides that a person's criminal history record information shall not include records of any charges or judgments for such violations and records of such charges or judgements shall not be reported to the Central Criminal Records Exchange. However, the bill states that if a violation occurs while an individual is operating a commercial motor vehicle, such violation shall be reported to the Department of Motor Vehicles and shall be included on such individual's driving record. Also, the bill states that the procedure for appeal and trial of any violation of simple possession of marijuana shall be the same as provided by law for misdemeanors. The bill also provides that if requested by either party on appeal to the circuit court, trial by jury shall be provided and the Commonwealth shall be required to prove its case beyond a reasonable doubt. Additionally, the bill provides that the suspended sentence/substance abuse screening provisions apply only to criminal violations. The bill defines "marijuana" to include hashish oil and creates a rebuttable presumption that a person who possesses no more than one ounce of marijuana possesses it for personal use. The bill also (i) makes records relating to the arrest, criminal charge, or conviction of possession of marijuana not open to public inspection and disclosure, except in certain circumstances; (ii) prohibits employers and educational institutions from requiring an applicant for employment or admission to disclose information related to such arrest, criminal charge, or conviction; and (iii) prohibits agencies, officials, and employees of the state and local governments from requiring an applicant for a license, permit, registration, or governmental service to disclose information concerning such arrest, criminal charge, or conviction. Also, the bill allows a person charged with a civil offense who is acquitted, a nolle prosequi is taken, or the charge is otherwise dismissed to file a petition requesting expungement of the police records and court records related to the charge. Finally, the bill requires the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security to convene a work group to study the impact on the Commonwealth of legalizing the sale and personal use of marijuana and report the recommendations of the work group to the General Assembly and the Governor by November 30, 2020. This bill incorporates HB 265, HB 301, and HB 481 and is identical to SB 2.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates HB 856 and is identical to SB 479.

Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of January 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by October 1, 2020. This bill is identical to SB 421.