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.
Sponsored bills
Sale or transfer of firearms; criminal historyrecord information check delay. Increases from three businessdays to five business days the time provided for the Department of State Police to complete a background check before a firearm maybe transferred. If a dealer who has otherwise fulfilled all requirementsis told by the State Police that a response will not be availableby the end of the dealer's fifth business day, the dealer may completethe sale or transfer without being deemed in violation.
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.
Programs to address career fatigue and wellnessin certain health care providers; civil immunity. Expands civilimmunity for health care professionals serving as members of or consultantsto entities that function primarily to review, evaluate, or makerecommendations related to health care services to include healthcare professionals serving as members of or consultants to entitiesthat function primarily to address issues related to career fatigueand wellness in health care professionals licensed, registered, orcertified by the Boards of Medicine, Nursing, or Pharmacy, or instudents enrolled in a school of medicine, osteopathic medicine,nursing, or pharmacy located in the Commonwealth. The bill containsan emergency clause.
Brain Aneurysm Awareness Month. DesignatesSeptember, in 2021 and in each succeeding year, as Brain Aneurysm Awareness Month in Virginia.
Child-placing agencies; conscience clause; repeal. Repeals provisions that allowed child-placing agencies to refuse to perform, assist with, counsel, recommend, consent to, refer, or participate in any child placements when the proposed placement would violate the agency's written religious or moral convictions or policies. The bill provides that any child-placing agency that operated pursuant to the provisions of the conscience clause prior to February 1, 2021, may continue to do so until January 1, 2022, but only with regard to placements made prior to February 1, 2022.
Environmental permits; community and environmentaljustice outreach. Requires the applicant for any (i) new or majormodified stationary air pollution source, (ii) new landfill or transfer station, (iii) certification of site approval for a hazardous wastefacility, (iv) new individual Virginia Pollutant Discharge EliminationSystem permit, (v) new individual Virginia Water Protection permit,(vi) new individual Virginia Stormwater Management Program permit,(vii) new individual Virginia Pollution Abatement permit, or (viii)individual ground water withdrawal permit for a new ground water withdrawal to complete certain public notice requirements, including(a) holding a public hearing; (b) publishing notices in English andSpanish in a newspaper, on social media, and on signage at the sitelocation at least 60 days prior to such public meeting; (c) mailingnotices to interested parties; (d) accepting written comments; (e)transcribing meeting information; and (f) responding to communityconcerns to the satisfaction of the Department of Environmental Quality. The bill removes an exemption for applicantsfor a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill from certain provisions relatingto new landfills or transfer stations. The bill also removes an exemptionfrom certain public notice requirements granted to local governmentor public authority applicants for a permit to operate a landfillor transfer station.