Del. Alfonso Lopez

Suspension of driver's license for nonpayment of fines or costs. Removes the requirement that a court suspend the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs. The bill provides that the fine for any moving violation while operating a motor vehicle in a designated highway safety corridor shall be no more than $500 for any violation that is a traffic infraction and not less than $200 for any violation that is a criminal offense. The bill repeals the Nonresident Violator Compact of 1977. The bill also provides that the Commissioner of the Department of Motor Vehicles shall reinstate a person's privilege to drive a motor vehicle that was suspended prior to July 1, 2019, solely pursuant to § 46.2-395 of the Code of Virginia and shall waive all fees relating to reinstating such person's driving privileges. Nothing in this act shall require the Commissioner to reinstate a person's driving privileges if such privileges have been otherwise lawfully suspended or revoked or if such person is otherwise ineligible for a driver's license. This bill incorporates HB 17.

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or 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. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. 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 substantial risk 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 a substantial risk 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. This bill is identical to SB 240.

English language learner students; guidance, information,programs, and policies. Requires the Superintendent of Public Instructionto (i) develop guidance for school boards to improve the process for theidentification of English language learner students for eligibility for giftedand talented programs and address the underrepresentation of such students insuch programs that includes methods for recognizing and addressing potentialchallenges in such process and facilitating professional development for andcollaboration among the teachers involved in such process, including teachersin English language learner programs and teachers in gifted and talentedprograms; (ii) encourage any school board of a local school division in whichEnglish language learner students struggle to achieve at a high level toprioritize the utilization of the state funds available to the school board toimprove such levels of achievement; and (iii) in consultation with experts whopossess knowledge and experience in assessing the language proficiency andacademic performance of English language learner students, annually collect andreport data on the English proficiency level, program placement, and academiclanguage development, including oral academic language, of each Englishlanguage learner student and appropriate and effective measures for improvingassessments for and the English proficiency of English language learnerstudents. The bill requires the school board in any school division in which 20or more English language learner students in one language classification areenrolled at any grade level in kindergarten through grade five, to provide aone-way or two-way dual language immersion program or early exit or late exittransitional bilingual program for such students, as such programs are definedby the Board of Education pursuant to regulation. The bill requires each schoolboard to provide a content-based or pull-out English as a second languageprogram, as such programs are defined by the Board of Education pursuant toregulation, for all other enrolled English language learner students. The billrequires each school board to adopt policies to (a) support oral and writtencommunication between school board employees and the parents of each enrolledstudent in such parents' native language; (b) pursue community support toaccelerate the literacy and achievement of English language learner students;(c) conduct school satisfaction surveys in the native language of each surveyedindividual, when practicable; and (d) ensure that literacy strategies sent tothe parents of enrolled English language learner students who read below gradelevel are tailored to promote reading proficiency in English and the student'snative language. The bill also requires any Head Start program offered in theCommonwealth to provide the parents of English language learner students withoral and written information to monitor the program's impact on theirchildren's English and native language proficiency and development.

Health insurance; cost-sharing payments for prescription insulin drugs. Prohibits health insurance companies and other carriers from setting an amount exceeding $30 per 30-day supply that a covered person is required to pay at the point of sale in order to receive a covered prescription insulin drug. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i) authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a covered prescription insulin drug in an amount that exceeds such limitation. This bill incorporates HB 1403.

State Corporation Commission; bulk energy storage resources. Requires the State Corporation Commission to establisha task force to evaluate and analyze the potential for bulk energystorage resources to, among other things, help integrate renewableenergy into the electrical grid. The measure requires the Commissionto submit the results of task force's evaluation and analysis tothe General Assembly by October 1, 2021.

Food stamps; Restaurant Meals Program. Directsthe Department of Social Services to participate in the RestaurantMeals Program (RMP) of the Supplemental Nutrition Assistance Program (SNAP). The bill requires the Department to develop and implementa plan to begin such participation no later than January 1, 2021.

Public institutions of higher education; eligibility for in-state tuition. Provides that any student is eligible for in-state tuition who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed, on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill states that students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M). Information obtained in the implementation of the provisions of the bill shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility. This bill incorporates HB 1138 and is identical to SB 935.

Litter taxes; amount of tax. Increases the annual litter tax from $10 to $20 and the additional annual litter tax from $15 to $30. Both taxes are imposed on manufacturers, wholesalers, distributors, and retailers of certain products; however, the additional tax applies to fewer businesses.

Coal ash ponds; well monitoring program; drinking water well testing. Requires each utility, defined in the bill as the owner or operator of a coal ash pond, to commission an independent well water test on behalf of the owner of any well located within 1.5 miles of such coal ash pond by January 1, 2021, and requires such test to be conducted once per year during each of the five years following the approval of the closure of the coal ash pond and once every five years thereafter. The bill provides that if any test exceeds groundwater quality standards for constituents associated with coal ash, the Virginia Waste Management Board shall instruct the utility to provide alternative water supplies to the owner of the well. The bill requires the Department of Environmental Quality to consider the results of the tests in its permitting, monitoring, or enforcement proceedings.

Worker cooperatives. Establishes worker cooperatives as a category of cooperative associations. A worker cooperative is a stock corporation that has elected to be governed by provisions established by this measure, which include (i) conducting its business primarily for the mutual benefit of its members, (ii) allowing only current and retired employees to be members, (iii) limiting voting rights to current employees, (iv) providing that each employee is entitled to one vote, (v) prohibiting any person from owning more than one membership share, (vi) requiring at least two-thirds of employees to own membership shares, and (vii) requiring that net earnings be paid or credited to members in accordance with the ratio that each member's amount of work performed during a period bears to the total amount of work performed by all members during that period.