Del. Mark Sickles

Constitution of the United States; Equal RightsAmendment. Ratifies the Equal Rights Amendment to the Constitutionof the United States that was proposed by Congress in 1972. The jointresolution advocates the position that the 1972 Equal Rights Amendmentremains viable and may be ratified notwithstanding the expirationof the 10-year ratification period set out in the resolving clause,as amended, in the proposal adopted by Congress.

Commending the Washington Nationals.

Commending the United States Women's NationalSoccer Team.

Virginia Health Benefit Exchange. Creates the VirginiaHealth Benefit Exchange, which will be established and operated by a newdivision within the State Corporation Commission (SCC). The Exchange shall facilitatethe purchase and sale of qualified health plans and qualified dental plans toqualified individuals and qualified employers. The Exchange shall makequalified plans available to qualified individuals and qualified employers byJuly 1, 2023, unless the SCC postpones this date. The measure authorizes theSCC to review and approve accident and sickness insurance premium ratesapplicable to health benefit plans in the individual and small group marketsand health benefit plans providing health insurance coverage in the individualmarket through certain non-employer group plans. The Exchange will be funded byassessments on health insurers offering plans in the Exchange. A health planwill not be required to cover any state-mandated health benefit if federal lawdoes not require it to be covered as part of the essential benefits package.The essential health benefits are items and services included in the benchmarkhealth insurance plan, which is the largest plan in the largest product in theCommonwealth's small group market as supplemented in order to provide coveragefor the items and services within the statutory essential health benefitscategories. The SCC may contract with other eligible entities and enter intomemoranda of understanding with other agencies of the Commonwealth to carry outany of the functions of the Exchange, including agreements with other states orfederal agencies to perform joint administrative functions. Such contracts arenot subject to the Virginia Public Procurement Act (§ 2.2-4300 et seq.). Themeasure repeals a provision enacted in 2013 that prohibits an agent, employee,officer, or agency of the Commonwealth from taking any action to establish ahealth benefit exchange.The measure requires the Department of Taxation to include onthe appropriate individual tax return forms a checkoff box or similar mechanismfor indicating whether the individual, or spouse in the case of a marriedtaxpayer filing jointly, (i) is an uninsured individual at the time the returnis filed and (ii) consents to the Department of Taxation providing theindividual's tax information to the Department of Medical Assistance Servicesfor purposes of determining the uninsured individual's or spouse's eligibilityfor medical assistance. Finally, the measure requires the Secretary of Healthand Human Resources to convene a work group that includes representatives fromthe SCC, the Department of Medical Assistance Services, the Department ofSocial Services, and the Department of Taxation to develop systems, policies,and practices to leverage state income tax returns to facilitate the enrollmentof eligible individuals in insurance affordability programs through theVirginia Health Benefit Exchange established in this measure. The Secretaryshall report the work group's recommendations to the Governor and the GeneralAssembly by September 15, 2020.

Creates a procedure by which any attorney for the Commonwealth or any law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. If an emergency substantial risk order is issued, a judge or magistrate may issue a search warrant to remove firearms from such person. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of an order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.

Expands the definition of "assault firearm" and prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. A violation is a Class 6 felony. The bill prohibits a dealer from selling, renting, trading, or transferring from his inventory an assault firearm to any person. The bill also prohibits a person from carrying a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered in a public place; under existing law, this prohibition applies only in certain localities. The bill makes it a Class 6 felony to import, sell, transfer, manufacture, purchase, possess, or transport large-capacity firearm magazines, silencers, and trigger activators, all defined in the bill. Any person who legally owns an assault firearm, large-capacity firearm magazine, silencer, or trigger activator on November 1, 2019, may retain possession until July 1, 2020. During that time, such person shall (i) render the assault firearm, large-capacity firearm magazine, silencer, or trigger activator inoperable; (ii) remove the assault firearm, large-capacity firearm magazine, silencer, or trigger activator from the Commonwealth; (iii) transfer the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a person outside the Commonwealth who is not prohibited from possessing it; or (iv) surrender the assault firearm, large-capacity firearm magazine, silencer, or trigger activator to a state or local law-enforcement agency. The bill establishes an appropriation for the fiscal impact of the bill and authorizes the Director of the Department of Planning and Budget to allocate such appropriation among the agencies and programs impacted by the bill.