Del. Rip Sullivan

Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans; report; sunset. Creates the Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans to (i) study the current impact and long-term inequities of slavery and the subsequent state-sanctioned de jure and de facto racial and economic discrimination practiced against African Americans and (ii) make recommendations to the General Assembly on appropriate remedies. The bill requires the Commission to annually submit a report on its interim activity and work to the Governor and the General Assembly. The bill has an expiration date of July 1, 2022.

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. This bill is identical to SB 240.

Public institutions of higher education; eligibility for in-state tuition. Provides that any student is eligible for in-state tuition who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed, on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill states that students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M). Information obtained in the implementation of the provisions of the bill shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility. This bill incorporates HB 1138 and is identical to SB 935.

Deeds not taxable; deeds involving only spouses. Replaces the term "husband and wife" with "spouses" for purposes of the recordation tax exemption for certain deeds.

Schedule VI controlled substances; hypodermic syringes and needles; limited-use license. Allows the Board of Pharmacy to issue a limited-use license for the purpose of dispensing Schedule VI controlled substances, excluding the combination of misoprostol and methotrexate, and hypodermic syringes and needles for the administration of prescribed controlled substances to a doctor of medicine, osteopathic medicine, or podiatry, a nurse practitioner, or a physician assistant, provided that such limited-use licensee is practicing at a nonprofit facility. The bill requires such nonprofit facilities to obtain a limited-use permit from the Board and comply with regulations for such a permit. This bill directs the Board of Pharmacy to adopt emergency regulations to implement the provisions of the bill. This bill is identical to SB 1074.

Utility Transfers Act; water and sewer utilities. Authorizes a water or sewer public utility acquiring a water or sewersystem to elect to have its rate base established by using the fairmarket value of the system assets instead of the system's depreciatedoriginal cost. Under the procedure established in this bill, thefair market value of the system is the average of three appraisalsconducted by accredited and impartial utility valuation experts,who shall determine the fair market value of the system in compliancewith the uniform standards of professional appraisal practice, employingcost, market, and income approaches to assessment of value. The billprovides that the rate base value of the acquired system assets isthe authorized fees and costs plus the lesser of the purchase pricenegotiated between the acquiring utility and the selling utilityor the fair market value.

Candidate petitions; residency of petition circulators; signed statement required for nonresident circulators. Removesthe requirement that a person circulating a petition of qualifiedvoters be a legal resident of the Commonwealth. The bill requiresa nonresident petition circulator to sign a statement on the affidavitaccompanying the petition that he consents to the jurisdiction ofthe courts of Virginia in resolving any disputes concerning the circulationof petitions, or signatures contained therein, by that person. Thesignatures of qualified voters collected by a nonresident petitioncirculator who fails to sign such statement, or who later fails toappear or produce documents when properly served with a subpoena todo so, shall not be counted towards the minimum number of signaturesrequired by law.

Department of Professional and Occupational Regulation; registration of athlete agents; penalty; civil penalty. Creates a registration requirement for athlete agents administered by the Director of the Department of Professional and Occupational Regulation, sets out the requirements for registration and conduct of athlete agents, and provides for administrative, civil, and criminal penalties.

Tax credit for participating landlords; eligible housing areas. Expands the definition of "eligible housing area" for the housing choice voucher tax credit to include Virginia census tracts in the Washington-Arlington-Alexandria Metropolitan Statistical Area in which less than 10 percent of the population lives below the poverty level. Landlords who rent qualified housing units within such areas are eligible for an income tax credit. Current law only applies to such areas within the Richmond and Virginia Beach-Norfolk-Newport News Metropolitan Statistical Areas.The bill establishes a 2025 sunset date on the credit. The bill incorporates HB 1014 and is identical to SB 200.

Maximum number of judges in each judicial district. Increases from 11 to 12 the maximum number of authorized general district court judgeships in the nineteenth judicial district. The Committee on District Courts recommended the additional judgeship in 2018. This bill is identical to SB 209.