Del. Charniele Herring

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority (the Authority). The bill allows the Authority to begin issuing all marijuana licenses on July 1, 2025; however, the bill (i) allows certain micro business to begin operations, other than retail sales, on July 1, 2024, or the date on which the Board of Directors of the Authority (the Board) provides notice to the Division of Legislative Services (the Division) that it is prepared to provide oversight of such operations, whichever is later, and (ii) allows pharmaceutical processors, certain micro businesses, and five industrial hemp processors to fully operate, including engaging in retail sales, on January 1, 2025, or the date on which the Board provides notice to the Division that it is prepared to provide oversight of such operations and sales, whichever is later.

Concealed handgun permits; reciprocity with other states. Provides that the Superintendent of State Police, in consultation with the Office of the Attorney General, shall determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, any out-of-state permit is recognized in the Commonwealth provided that (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day; (ii) the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and such identification upon demand by a law-enforcement officer; and (iii) the permit or license holder has not previously had a Virginia concealed handgun permit revoked. The bill also provides that a Virginia resident who has not been issued a valid resident concealed handgun permit may not use a concealed handgun or concealed weapon permit or license issued by another state to carry a concealed handgun in the Commonwealth. The bill requires the Superintendent of State Police, in consultation with the Office of the Attorney General, to review any agreements for reciprocal recognition that are in place with any other states as of July 1, 2024, to determine whether the requirements and qualifications of those states' laws are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth and revoke any reciprocity agreement or recognition of any states that do not meet such requirements or qualifications by December 1, 2024. The bill requires the Attorney General to provide a written explanation for any determination that a state's laws are adequate to prevent possession of such permit or license by persons who would be denied such permit in the Commonwealth.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 237.

Minimum qualifications for law-enforcement officers; citizenship; waiver. Allows individuals who are lawfully admittedfor permanent residence who have resided in the United States forno less than 60 months and who are both eligible for and have appliedfor United States citizenship to qualify for the positions of chiefof police and all police officers of any locality, all deputy sheriffsand jail officers in the Commonwealth, and all law-enforcement officers.The bill allows any agency or department employing law-enforcementofficers to hire, recruit, or refer an individual who is a citizenof the United States over another individual who meets such qualificationsif such individuals are equally qualified. Currentlaw only allows citizens of the United States to qualify for thenamed positions; the citizenship requirement can only be waived forgood cause upon request of a sheriff or chief of police or the directoror chief executive of any agency or department employing law-enforcementofficers to the Department of Criminal Justice Services.

Purchase, possession, sale, transfer, etc.,of assault firearms and certain ammunition feeding devices prohibited;penalty. Creates a Class 1 misdemeanor for any person who imports,sells, manufactures, purchases, possesses, transports, or transfersan assault firearm, as that term is defined in the bill, and prohibitsa person who has been convicted of such violation from purchasing,possessing, or transporting a firearm for a period of three yearsfrom the date of conviction. The bill provides that an assault firearmdoes not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump,lever, or slide action, or was manufactured before July 1, 2024.The bill also prohibits the sale of a large capacity ammunition feedingdevice, as that term is defined in the bill. The bill provides thatany person who willfully and intentionally (i) sells an assault firearmto another person or (ii) purchases an assault firearm from anotherperson is guilty of a Class 1 misdemeanor and that any person whoimports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill alsomakes it a Class 1 misdemeanor for any person younger than 21 yearsof age to import, sell, manufacture, purchase, possess, transport,or transfer an assault firearm regardless of the date of manufactureof such assault firearm.

Applying to the Governor to call a special session and establishing a schedule for the conduct of business coming before such special session.

Resilient Virginia Revolving Fund; projects; low-income geographic areas; nature-based solutions. Provides that the Department of Conservation and Recreation shall give additional weight to projects located in low-income geographic areas and projects that incorporate nature-based solutions when distributing loans or grants from the Resilient Virginia Revolving Fund to particular local governments.

Public service companies; pole attachments;cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, as defined in the bill, provided that such utility may apportion to such provider or system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such provider or system. The bill authorizes the State Corporation Commission to enforce its provisions and requires the Commission to resolve disputes involving pole access within 90 days and concerning certain other matters within 120 days. This bill is identical to SB 713.

Virginia Human Rights Act; dual-filed civilactions. Clarifies timelines for dual-filing complaints allegingunlawful discrimination under the Virginia Human Rights Act and theU.S. Equal Employment Opportunity Commission. The bill allows eitherthe complainant or the respondent for any charge of discriminationto request a notice of the right to file a civil action after theCommission has closed its file on such charge of discrimination.

Department of Environmental Quality; reviewand authorization of projects; hearing and appeal. Allows anyperson aggrieved by the final decision of the Department of EnvironmentalQuality and who has participated in a proceeding for a permit toconstruct or operate a small renewable energy project under proceduresadopted by the Department to seek judicial review of such actionin accordance with the Administrative Process Act in the Circuit Court of the City of Richmond. The bill requires the court to hearand decide such action as soon as practicable after the date of filing.The bill provides that a party in interest to such action will havethe right to appeal to the Supreme Court.