Del. David Bulova

Wetland and stream mitigation banks; proximity of impacted site. Provides that when a water protection permit applicant is required to purchase wetland or stream mitigation bank credits but no credits are available (i) in any mitigation provider's primary service area or (ii) at a cost of less than 200 percent of the price of credits available from a fund dedicated to achieving no net loss of wetland acreage and functions, the applicant may purchase or use credits from a mitigation provider's secondary service area. The bill provides certain requirements that the permit applicant must comply with in order to purchase or use such credits from a secondary service area, including minimum tree canopy requirements.

Alcoholic beverage control; sale and deliveryof mixed beverages and pre-mixed wine for off-premises consumption.Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic BeverageControl Authority (the Authority), mixed beverage restaurant licensees,and limited mixed beverage restaurant licensees to sell mixed beveragesfor off-premises consumption and deliver such mixed beverages toconsumers subject to requirements set forth in the bill. The billallows the Board to summarily revoke a licensee's privileges to selland deliver mixed beverages for off-premises consumption for noncompliancewith the requirements set forth in the bill or applicable provisionsof current law. The bill also allows farm winery licensees to sellpre-mixed wine for off-premises consumption. The bill directs theAuthority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption andreport its findings to the Chairmen of the House Committee on GeneralLaws and the Senate Committee on Rehabilitation and Social Servicesby November 1, 2021. The provisions of the bill sunset on July 1,2022.

George Mason University; management agreement. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

George Mason University; management agreement. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

Alcoholic beverage control; license fee reform;delay; emergency. Delays the effective date of the 2020 alcoholicbeverage control license and fee reform from July 1, 2021, to January1, 2022. During the period of delay and subject to certain requirements,the bill allows on-premises wine or beer licensees to sell wine orbeer for off-premises consumption and allows such licensees, as wellas off-premises wine or beer licensees, to deliver wine or beer thatthe licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.

Nurse practitioners; practice without a practice agreement. Reduces from five to two the number of years of full-time clinical experience a nurse practitioner must have to be eligible to practice without a written or electronic practice agreement. The provisions of the bill expire on July 1, 2022.

Property Owners' Association Act; Condominium Act; use of electronic means for meetings and voting. Allows meetings of property owners' associations, boards of directors, unit owners' associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings. The bill requires that such guidelines ensure that persons accessing such meetings are authorized to do so and that persons entitled to participate in such meetings have an opportunity to do so. The bill grants authority for determining whether any such meeting may be held entirely or partially by electronic means to the board of directors or executive board, as applicable. Under current law, if a meeting of a board of directors or executive board is conducted by telephone conference or video conference, at least two members of the board of directors or executive board, as applicable, are required to be physically present at the meeting place included in the meeting notice. The bill amends the definition of "electronic means" to provide that meeting conducted by electronic means includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. The bill allows members of property owners' associations or unit owners' associations to vote at meetings of such associations by absentee ballot, and allows such members to vote in person, by proxy, or by absentee ballot by electronic means, provided that the board of directors or executive board, as applicable, has adopted guidelines for such voting. Finally, the bill provides that if a vote, consent, or approval required to be obtained by secret ballot is accomplished through electronic means, the electronic means shall protect the identity of the voter, and that if the electronic means cannot protect the identity of the voter, another means of voting shall be used.

Arrest and prosecution when experiencing orreporting overdoses. Prohibits the arrest or prosecution of anindividual for the unlawful purchase, possession, or consumptionof alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernaliaif (i) such individual, in good faith, renders emergency care orassistance, including cardiopulmonary resuscitation (CPR) or theadministration of naloxone or other opioid antagonist for overdosereversal, to an individual experiencing an overdose while anotherindividual seeks or obtains emergency medical attention; (ii) suchindividual remains at the scene of the overdose or at any locationto which he or the individual requiring emergency medical attentionhas been transported; (iii) such individual identifies himself tothe law-enforcement officer who responds; and (iv) the evidence fora prosecution of one of the enumerated offenses would have been obtainedonly as a result of the individual's rendering emergency care orassistance. Current law prohibitsarrest or prosecution for such offenses only to an individual whoseeks or obtains emergency medical attention for himself or anotherindividual or who is experiencing an overdose when another individualseeks or obtains emergency medical attention for him.

Virginia Human Rights Acts; discrimination onthe basis of disability. Adds discrimination on the basis ofdisability as an unlawful employment practice under the VirginiaHuman Rights Act. The bill also requires employers, defined in thebill, to make reasonable accommodation to the known physical and mentalimpairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unlessthe employer can demonstrate that the accommodation would imposean undue hardship on the employer. The bill also prohibits employersfrom taking any adverse action against an employee who requests oruses a reasonable accommodation, from denying employment or promotionopportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation tothe applicant or employee, or from requiring an employee to takeleave if another reasonable accommodation can be provided to the known limitations related to the disability. The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or juryto award compensatory damages, back pay, and other equitable relief.

National Statuary Hall Collection at the United States Capitol; Barbara Rose Johns. Authorizes, and directs the submission to the Joint Committee of Congress on the Library, that the vacant spot of the Commonwealth in the National Statuary Hall Collection at the United States Capitol be filled with a statue to commemorate Barbara Rose Johns. The request is subject to written approval by the Governor and is made in accordance with the recommendation by the Commission for Historical Statues in the United States Capitol.