Del. Mark L. Keam

Right to work. Repeals the provisions ofthe Code of Virginia that, among other things, prohibit any agreementor combination between an employer and a labor union or labor organizationwhereby (i) nonmembers of the union or organization are denied theright to work for the employer, (ii) membership in the union or organization is made a condition of employment or continuation ofemployment by such employer, or (iii) the union or organization acquiresan employment monopoly in any such enterprise.

State-Funded Kinship Guardianship Assistanceprogram. Creates the State-Funded Kinship Guardianship Assistanceprogram (the program) to facilitate child placements with relatives,including fictive kin, and ensure permanency for children in fostercare. The bill sets forth eligibility criteria for the program, paymentallowances to kinship guardians, and requirements for kinship guardianshipassistance agreements. The bill also expands eligibility for theFederal-Funded Kinship Guardianship Assistance program by allowingpayments to be made to fictive kin who receive custody of a childof whom they have been the foster parent.

Virginia Public Procurement Act; cooperativeprocurement; construction. Allows public bodies to utilize cooperativeprocurement for construction projects not exceeding $200,000.

Public education; state accountability and reporting; student subgroup size. Requires, for the purposes of ensuringstate accountability pursuant to relevant federal law and publiclyreporting the assessment scores of student subgroups, the minimumstudent subgroup size to be 10.

War memorials for veterans. Removes a prohibition on (i) disturbing or interfering with any war monument or memorial erected by a locality or (ii) preventing citizens from maintaining such monument or memorial. The bill authorizes a locality to remove, relocate, or alter any such monument or memorial on the locality's public property upon the affirmative vote of its governing body, regardless of when the monument or memorial was erected, and removes certain criminal and civil penalties for such removal, relocation, or alteration. The bill also restricts bringing a cause of action pursuant to such penalties to the attorney for the locality in which the memorial or monument is located. Current law authorizes any person having an interest in the matter to bring such action if no action is brought within 60 days of the violation. The bill repeals an 1890 act of assembly related to the placement of a statue in the City of Alexandria. This bill was incorporated into HB 1537.

Smoking in multi-unit residential building;civil penalty. Prohibits smoking in any multi-unit residentialbuilding, including a condominium building or apartment building.A person who violates such prohibition is subject to a civil penaltyof not more than $25, to be paid into the Virginia Health Care Fund.

State air, waste, and water boards; permit authority; appointment of members. Removes the authority to issue, reissue, amend, or modify permits or certificates or to hear permit actions from the State Air Pollution Control Board, the Waste Management Board, and the State Water Control Board and places such authority with the Department of Environmental Quality. The bill changes the composition of the three boards from appointment exclusively by the Governor to the following: two members appointed by the Governor; two members appointed by the Senate Committee on Rules from a list recommended by the Senate Committee on Agriculture, Conservation and Natural Resources; and three members appointed by the Speaker of the House from a list recommended by the House Committee on Agriculture, Chesapeake and Natural Resources. The appointing authority shall appoint members for the unexpired term upon a vacancy other than by expiration of a term.

Governing boards of public institutions of higher education; input from faculty senate. Requires the governingboard of each public institution of higher education to solicit theinput of the institution's faculty senate or its equivalent (i) atleast twice per academic year and (ii) regarding the search for candidatesfor the position of chief executive officer of the institution.

Consolidated corporate income tax returns ofaffiliated corporations. Simplifies the process by which companieselect to switch to consolidated corporate income tax return filingstatus and reduces from 20 to five years the period during which the affiliated group of corporations must have filed on the same basisprior to switching to consolidated return filing status. Currentlaw requires a group of corporations to apply to the Tax Commissionerfor permission to change the basis of the type of return filed andto meet some specific requirements in order for permission to begranted.

Guardianship; supported decision making. Creates the Supported Decision-Making Act, which allows an adult with an intellectual or developmental disability to enter into an agreement with another person, called a "supporter," for the purposes of having the supporter assist the adult in making decisions to manage his affairs, giving adults who need assistance a less restrictive means of receiving such assistance than being appointed a guardian or conservator by a court. The bill further requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to consider whether a less restrictive alternative, including the use of an advance directive or durable power of attorney, is available to provide assistance to the respondent, and it requires the guardian ad litem to include in his report to the court information as to whether a supported decision-making agreement is a viable option in lieu of guardianship or conservatorship. The bill also provides that if the respondent to a guardianship or conservatorship petition is between 17 and a half and 21 years of age and has an Individualized Education Plan (IEP), the guardian ad litem appointed to represent the respondent shall review the IEP and include the results of his review in the report required to be submitted to the court, and it requires the Superintendent of Public Instruction to prepare transitional materials, including information about supported decision-making agreements and guardianship to be provided to students and parents during the student's annual IEP meeting. The bill requires the court, upon appointment of a guardian or conservator, to inform such person of his duties and that the respondent should be encouraged to participate in decisions, act on his own behalf, and develop or maintain the capacity to manage his personal affairs if he retains any decision-making rights. Finally, the bill sets out specific language to be included in all orders of appointment of a guardian. This bill is a recommendation of the Joint Commission on Health Care.