Virginia Minority Business Commission; report. Establishes a 13-member legislative Commission to promote the growthand competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2023.
Power of attorney; witness or notary public. Requires that a power of attorney signed on or after July 1, 2020, be signed before at least one witness or a notary public.
Sale of nicotine vapor products; penalties.Limits the sale of (i) flavored nicotine vapor products, includingmint and menthol but not tobacco flavors, and (ii) high-nicotinevapor products above 30 mg strength to retail establishments thatsell to persons 21 years of age or older and have proven age restrictionprocesses. The bill requires such retail establishments to prove valididentification checks at the door upon entry and again before anytransaction is processed and to maintain required age verificationdocumentation for every transaction. The bill also prohibits all direct-to-consumer online sales that are intended to deliver nicotine vapor products and prohibits the sale of nicotine vapor productswith additives other than traditional e-liquid ingredients (e.g.,propylene glycol, vegetable glycerin, flavoring) that alter the performancecharacteristics of nicotine (e.g., benzoic acid). The bill furtherrequires a person selling a tobacco product, nicotine vapor product,or alternative nicotine product to obtain identification as proofof a buyer's age in any circumstance. Under current law, such identificationis not required from an individual who the person has reason to believeis at least 21 years of age or who the person knows is at least 21years of age.
Prostitution-related crimes; minors; penalties. Makes it a Class 6 felony for an adult to visit a bawdy place with a minor when he knows that the bawdy place is used or to be used for lewdness, assignation, or prostitution. The bill also adds felony violations of such offense to (i) the list of offenses for which registration in the Sex Offender and Crimes Against Minors Registry is required, (ii) the definition of violent felony for the purposes of the sentencing guidelines, (iii) the list of predicate criminal acts that constitutes the definition of street gangs, (iv) the list of offenses that may constitute racketeering under the Virginia Racketeer Influenced and Corrupt Organization Act, and (v) the offenses that may be investigated by a multi-jurisdiction grand jury. The bill also makes applicable to all persons, regardless of the gender of the victim, the crimes of (a) assisting or aiding in the abduction of or threatening to abduct a female under 16 years of age for the purpose of concubinage or prostitution, which the bill also changes to include any person under 18 years of age, and (b) placing or leaving one's wife in a bawdy place.
Constitutional amendment (first resolution);marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November2006 election. That amendment to the Bill of Rights (i) defines marriageas "only a union between one man and one woman"; (ii) prohibits theCommonwealth and its political subdivisions from creating or recognizing"a legal status for relationships of unmarried individuals that intendsto approximate the design, qualities, significance, or effects ofmarriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or otherlegal status to which is assigned the rights, benefits, obligations,qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result ofthe United States Supreme Court decision in Obergefell v. Hodges,576 U.S. ___ (June 26, 2015).
Aboveground storage tanks; Hazardous Substance Aboveground Storage Tank Fund; civil and criminal penalties. Directs the State Water Control Board to regulate aboveground storage tanks that measure more than 1,320 gallons in capacity and are used to contain hazardous substances other than oil. The bill directs the Board to adopt regulations that establish requirements for registration, certification, and inspection, and other requirements of tank owners, and that establish a schedule of fees. The bill authorizes the Board to undertake corrective action, or to require the owner to undertake corrective action, in the event of a discharge of a hazardous substance. The bill requires tank owners to register their tanks, pay certain registration fees, develop release response plans, upgrade certain older tanks, install containment infrastructure for certain aboveground storage tanks, notify certain parties in the event of a release of a regulated substance, and demonstrate their financial responsibility. The bill also creates the Hazardous Substance Aboveground Storage Tank Fund for the administration of the bill and provides for civil and criminal penalties for violations of requirements of the bill, with the moneys received to be deposited into the existing Virginia Environmental Emergency Response Fund.
Transit funding. Raises the existing regional transportation fee, a grantor's tax, from $0.15 per $100 to $0.20 per $100 for localities in the Northern Virginia Transportation Authority that are also members of the Northern Virginia Transportation District. The bill requires half of the revenues to be deposited in the Northern Virginia Transportation Authority Fund and half to be deposited in the Washington Metropolitan Area Transit Authority (WMATA) Capital Fund. The rate of tax in the other localities will remain at $0.15 per $100, with one-third of the revenues to be retained by the locality to be used for transportation purposes and the other two-thirds to be deposited in the Northern Virginia Transportation District Fund. The bill also raises the existing transient occupancy tax in the localities located in the Northern Virginia Transportation District from $2 to $3, with all of the revenues from the tax being used to support WMATA. This bill incorporates HB 977.
Department of Corrections; earned sentence credits. Establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2020. This bill incorporates HB 1370.
Campaign Finance Disclosure Act; unlawful conversionof political contributions to personal use; penalty.Prohibits any person from converting any moneys, securities, or likeintangible personal property that has been contributed to a candidate,a campaign committee, or a political committee to his personal useor the personal use of any other person. A contribution is consideredto be converted to personal use if the contribution, in whole orin part, is used to fulfill any commitment, obligation, or expensenot related to the ordinary and necessary expenses related to seeking,holding, or maintaining public office or carrying out the ordinaryactivities of the committee. The bill provides that a violation ofthe prohibition is a Class 1 misdemeanor. Current law prohibits suchconversion of contributions to personal use specifically with regardto disbursement of surplus funds at the dissolution of a campaignor political committee. The bill also requires the State Board ofElections to provide, upon request, formal advisory opinions regardingthe permitted and prohibited uses of contributions and publish suchopinions on the Department of Elections website.
Juvenile offenders; parole. Provides thatany person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person wasa juvenile and who has served at least 25 years of such sentenceand any person who has active sentences that total more than 25 yearsfor a single felony offense or multiple felony offenses committedwhile that person was a juvenile and who has served at least 25 yearsof such sentences shall be eligible for parole.
