Del. Buddy Fowler

Office of the Children's Ombudsman established. Establishes the Office of the Children's Ombudsman as a means of effecting changes in policy, procedure, and legislation; educating the public; investigating and reviewing actions of the State Department of Social Services, local departments of social services, child-placing agencies, or child-caring institutions; and monitoring and ensuring compliance with relevant statutes, rules, and policies pertaining to children's protective services and the placement, supervision, treatment, and improvement of delivery of care to children in foster care and adoptive homes. The Office of the Children's Ombudsman is headed by the Children's Ombudsman, who is appointed for a term of four years by the Governor and subject to confirmation by the General Assembly. The provisions of the bill are contingent on funding in a general appropriation act.

Provisional voting; persons voting in splitprecincts. Provides that any voter who is assigned to a precinctthat is split between two or more election districts and who believeshe was given a ballot for the district of which he is not a qualifiedvoter may request, prior to casting the ballot, and shall be permittedto cast a provisional ballot for the district of which he believeshe is a qualified voter and for the district in which the pollbookindicates he is registered. The bill requires the ballots to besealed in envelopes labeled with the corresponding district numberand then sealed in the green envelope provided for all provisionalballots. At the meeting to determine the validity of all provisionalballots offered in the election, the electoral board shall verifyin which district the voter is qualified and count that ballot.

Virginia National Guard; state active duty for emergency response; pay and allowances for members. Provides that whenever called to state active duty in response to certain emergencies, members of the National Guard and the Virginia Defense Force receive pay and allowance equal to their rank and years of service, as determined by the Department of Military Affairs. The bill also authorizes the Adjutant General to increase state active duty pay on an annual basis by a rate not to exceed the most recent percentage increase in basic pay for members of the Armed Forces. Current law provides that (i) officers of the National Guard receive the same pay and allowances as prescribed for members of like rank in the United States Armed Forces, (ii) members of the National Guard receive the same pay and allowances as if they were on a day of Annual Training, and (iii) members of the Virginia Defense Force called to state active duty receive the same pay and allowances as persons of like grade in the National Guard for a day of Annual Training, capped at 25 years of service. The provisions of the bills are contingent on funding in a general appropriation act.

Big game hunting; guaranteed kills prohibited;penalty. Prohibits offering for sale, selling, offering to purchase,purchasing, or guaranteeing a kill of, or charging a fee for killing,a deer, bear, or wild turkey. Such prohibition does not apply tokilling small game or migratory birds. The bill does not preventa landowner from leasing land for hunting, except that a lease ofland for hunting deer, bear, or wild turkey shall not be for a durationof less than three days. A violation is punishable as a Class 1misdemeanor; when the aggregate of such sales or purchases, or anycombination thereof, by any person totals $500 or more during any90-day period, such violation is punishable as a Class 6 felony.

Specialty dockets; veterans docket. Providesthat any veterans docket authorized and established as a local specialtydocket in accordance with the Rules of Supreme Court of Virginiashall be deemed a "Veterans Treatment Court Program," as that termis used under federal law or by any other entity, for the purposesof applying for, qualifying for, or receiving any federal grants,other federal money, or money from any other entity designated toassist or fund such state programs. The bill contains an emergencyclause.

Line of Duty Act; eligible dependents. Provides that children born or adopted after the death or disability of an employee covered by the Line of Duty Act are eligible for health insurance coverage if their birth or adoption occurred after the time of the employee's death or disability, but prior to July 1, 2017. Under current law, such children are not eligible unless they were adopted pursuant to a preadoptive agreement entered into prior to the death or disability. This bill is identical to HB 51.

Virginia Defense Force; maximum age for recruitment. Permits the Adjutant General of Virginia to recruit members to the Virginia Defense Force who are between the ages of 65 and 75. Under current law, the Adjutant General is only permitted to retain existing members of the Virginia Defense Force once they have attained the age of 65.

Unlawful hunting, fishing, or trapping; prohibitionupon conviction. Provides that any person convicted of violatinga hunting, fishing, or trapping law may also be prohibited by thecourt from hunting, fishing, or trapping for a period of one to fiveyears.

Department of Game and Inland Fisheries; boatramp fees; exemptions. Authorizes the Department of Game andInland Fisheries to charge a fee for the use of any facility thatthe Department manages and any boat ramp that the Department ownsor manages. Current law authorizes such fee only for a facility thatis owned by the Department. The bill adds exemptions from such feesfor a person holding a valid access permit issued by the Departmentand any person who is a passenger in but not the owner or operator of a paddlecraft or registered vessel. The bill includes technicalchanges.

Holding handheld personal communications devices whiledriving a motor vehicle. Prohibits any person from holding a handheldpersonal communications device while driving a motor vehicle. Current lawprohibits (i) the reading of any email or text message and manually enteringletters or text in such a device as a means of communicating and (ii) holding apersonal communications device while driving in a work zone. The bill expandsthe exemptions to include handheld personal communications devices that arebeing held and used (a) as an amateur radio or a citizens band radio or (b) forofficial Department of Transportation or traffic incident management services.The bill has a delayed effective date of January 1, 2021. This billincorporates HB 377, HB 387, HB 512, and HB 1672 and is identical to SB 160.