Property Owners' Association Act; Condominium Act; rulemaking authority of property owners' associations and unit owners' associations; smoking. Permits (i) except to the extent that the declaration provides otherwise, the board of directors of a property owners' association to establish reasonable rules that restrict smoking in the development, including (a) rules that prohibit smoking in the common areas and, (b) for developments that include attached private dwelling units, rules that prohibit smoking within such dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominium unit owners' association to establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. The bill clarifies the authority of executive boards of condominium unit owners' associations to establish, adopt, and enforce rules and regulations with respect to the use of the common elements of the condominium and with respect to such other areas of responsibility assigned to the unit owners' association by the condominium instruments, except where expressly reserved by the condominium instruments to the unit owners. The bill also permits unit owners, by a majority of votes cast at a meeting of the unit owners' association, to repeal or amend any rule or regulation adopted by the executive board. This bill is a recommendation of the Virginia Housing Commission.
Sponsored bills
Department of Health and the Office of the ChiefMedical Examiner; plan for the establishment of a Fetal and InfantMortality Review Team; report. Directs the Department of Healthand the Office of the Chief Medical Examiner to develop a plan forthe establishment of a Fetal and Infant Mortality Review Team andto report such plan to the Chairmen of the House Committees on Appropriationsand Health, Welfare and Institutions and the Senate Committees onFinance and Appropriations and Education and Health by December 1,2021. The bill also requires the Department of Health to convenea work group to participate in development of the plan and, uponinclusion in a general appropriation act adopted by the General Assemblyof funds for such purpose, to hire such contract staff as may benecessary to assist the work group with development of the plan.
Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill. The bill requires certain chain restaurants to stop using such containers by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The bill exempts nonprofit organizations from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the bill directs the Department of Environmental Quality to post to its website information on compliance and the filing of complaints. This bill is a reenactment of Chapter 1104 of the Acts of Assembly of 2020.
Department of Human Resource Management, alternative application for employment for persons with a disability. Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process. The bill directs the Department of Human Resource Management to develop and disseminate a policy to implement the provisions of the bill.
Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice. Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice.
Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.
Certain school boards; student meals; participationin the Afterschool Meal Program. Requires each school board thatgoverns a local school division that has a student population thatqualifies for free and reduced-price meals at a minimum percentageof 50 percent in the prior school year and simultaneously offerseducational or enrichment activities and is consequently eligibleto participate in the Afterschool Meal Program administered by theU.S. Department of Agriculture Food and Nutrition Service (FNS) Childand Adult Care Food Program to apply to the Department of Educationto participate in the Afterschool Meal Program for each such schoolto subsequently and simultaneously serve federally reimbursable mealsand offer an afterschool education or enrichment program, pursuantto FNS guidelines and state health and safety standards. The billrequires the Department of Education to administer the AfterschoolMeal Program on behalf of the U.S. Department of Agriculture. The bill provides that the Superintendent of Public Instruction shallissue a waiver to this requirement upon determination that participation is not financially viable for a school or group of schools. The billrequires the Department of Education to develop a process and criteriafor evaluating such waivers. The bill has a delayed effective dateof July 1, 2022.
Child support; health care coverage. Provides that in any case in which a court enters an order directing the payment of spousal support in cases in which there are minor children that the parties have a mutual duty to support or any payment of child support or when the Department of Social Services issues an order directing the payment of child support, and when it appears that the gross income of a custodial parent of a dependent child is no more than 200 percent of the federal poverty level, the court or the Department of Social Services shall notify the parties of the availability of medical assistance through the Family Access to Medical Insurance Security plan or other government sponsored coverage through the Department of Medical Assistance Services.
Child Care Assistance Program; emergency. Provides that regulations governing the Child Care Subsidy Program (the Program) shall be amended to provide that (i) a family shall be eligible for assistance through the Program if the family's income does not exceed 85 percent of the state median income, the family includes at least one child who is five years of age or younger and has not yet started kindergarten, and the family meets all other income and eligibility requirements of the Program and (ii) job search activities shall be considered eligible activities for the purposes of the Program. The bill provides that a family determined to be eligible for assistance through the Program shall be eligible to receive assistance for a period of 12 months or until the family's household income exceeds 85 percent of the state median income, whichever occurs sooner. The Department of Social Services shall administer the program, as amended by the bill, in cooperation with the Department of Education. The bill contains an emergency clause and provides that the provisions of the bill shall be applicable to applications for assistance through the Program received prior to August 1, 2021.
Medical care facilities; persons with disabilities; designated support persons. Requires every medical care facility, as defined in the bill, to allow a person with a disability who requires assistance as a result of such disability to be accompanied by a designated support person who will provide support and assistance necessary due to the specifics of the person’s disability to the person with a disability during an admission to such medical care facility. The bill (i) defines "person with a disability" and "designated support person"; (ii) provides that a designated support person shall not be subject to restrictions on visitation adopted by the medical care facility but may be required to comply with reasonable requirements of the medical care facility adopted to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility; and (iii) authorizes a medical care facility to restrict a designated support person's access to specified areas and movement on the premises of the medical care facility when such restrictions are determined by the medical care facility to be reasonably necessary to protect the health and safety of the person with a disability, the designated support person, and staff and other patients of and visitors to the medical care facility. The bill requires every medical care facility to adopt protocols to inform patients of their right to be accompanied by a designated support person, and to develop and make available to persons with disabilities written information regarding the right of a person with a disability to be accompanied by a designated support person and policies related thereto. The bill contains an emergency clause and directs the Board of Health to adopt emergency regulations within 280 days of the bill's enactment.