Development and use of accessory dwelling units.Provides that all localities shall allow for the development anduse of one accessory dwelling unit (ADU) per single-family dwelling(SFD), notwithstanding any contrary provision of a zoning ordinance.The bill defines "accessory dwelling unit" or "ADU" as an independentdwelling unit on a single-family lot with its own living, bathroom,and kitchen space that may be within or attached to SFDs or in detachedstructures on lots containing SFDs. ADUs may include basements, attics,flats, guest houses, cottages, and converted structures such as garages and sheds. The bill requires localities to regulate the sizeand design of ADUs through an approval process, as well as regulatefees, parking, and other requirements, provided that the regulations(i) are not so arbitrary, excessive, or burdensome, individuallyor cumulatively, as to unreasonably restrict the ability of propertyowners to utilize or create ADUs and (ii) do not require the propertyowner to occupy the ADU or SFD as his primary residence.
Sponsored bills
Interest on fines and costs in criminal casesand traffic infractions. Eliminates the accrual of interest onany fine or costs imposed in a criminal case or in a case involvinga traffic infraction. The bill provides that any such fine or coststhat have accrued interest prior to July 1, 2020, shall cease toaccrue interest on July 1, 2020, and such accrued interest may bewaived by any court. A person who owes fines and costs on which interesthas accrued may move any court in which he owes fines and costs to waive the interest that accrued on such fines and costs and shallhave such interest waived for any period of incarceration.
Campaign finance; prohibited contributions tocandidates. Prohibits any candidate from soliciting or acceptinga contribution from any public service corporation, as defined in§ 56-1, or any political action committee established and administeredby such a corporation.
War memorials for veterans. Removes a prohibition on (i) disturbing or interfering with any war monument or memorial erected by a locality or (ii) preventing citizens from maintaining such monument or memorial. The bill authorizes a locality to remove, relocate, or alter any such monument or memorial on the locality's public property upon the affirmative vote of its governing body, regardless of when the monument or memorial was erected, and removes certain criminal and civil penalties for such removal, relocation, or alteration. The bill also restricts bringing a cause of action pursuant to such penalties to the attorney for the locality in which the memorial or monument is located. Current law authorizes any person having an interest in the matter to bring such action if no action is brought within 60 days of the violation. The bill repeals an 1890 act of assembly related to the placement of a statue in the City of Alexandria. This bill was incorporated into HB 1537.
General Assembly meetings; streaming and recording. Requires the Clerk of the House of Delegates and the Clerk of theSenate to ensure that every (i) subcommittee or committee meetingof a standing committee of the General Assembly, regardless of meetingdate, and (ii) floor session of the House of Delegates or the Senate,including any joint session of the houses, is streamed with closedcaptioning, recorded and archived. The bill defines "stream" and specifiesthat a qualifying meeting is one the date and time of which havebeen scheduled on a public website of any agency of the General Assemblyfor at least one hour prior to the meeting and that takes place inthe State Capitol, the Pocahontas Building, or the General AssemblyBuilding in Richmond. The bill has a delayed effective date of October1, 2020.
Department of Corrections; earned sentence credits. Establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2020. This bill incorporates HB 1370.
Marijuana; legalization of simple marijuanapossession; penalty. Eliminates criminal penalties for possessionof marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 yearsof age and provides a civil penalty of no more than $50 for a firstviolation, $100 for a second violation, and $250 for a third or subsequentviolation. Under current law, a first offense is punishable by amaximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies severalother criminal penalties related to marijuana. The bill establishesa regulatory scheme for the regulation of marijuana cultivation facilities,marijuana manufacturing facilities, marijuana testing facilities,and retail marijuana stores by the Board of Agriculture and ConsumerServices. The bill imposes a tax on retail marijuana and retail marijuanaproducts sold by a retail marijuana store at a rate of 9.7 percent(for a total sales tax of 15 percent) and provides that 67 percentof the revenues collected from the tax be deposited into the generalfund and 33 percent of the revenues be deposited into a "Retail MarijuanaEducation Support Fund" to be used solely for purposes of public education.
Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana. This bill was incorporated into HB 972.
Release of balloon prohibited; civil penalty.Prohibits any person, with certain exceptions, from knowingly releasingor causing to be released any balloon outdoors and provides thatany person convicted of a violation shall be liable for a civil penaltyof not less than $250 or more than $2,500, to be paid into the LitterControl and Recycling Fund. A court may, as an alternative to imposingthe penalty, require the performance of at least 10 hours of communityservice in litter abatement activities. Current law prohibits a personfrom releasing 50 or more balloons within an hour and sets the civilpenalty at $5 per balloon, with the proceeds deposited into the LifetimeHunting and Fishing Endowment Fund.
Flood Insurance Fund; low-income Virginians.Creates a Flood Insurance Fund and directs the Executive Director of the Board of Directors of the Virginia Resources Authority toestablish a program to use the Fund to subsidize the purchase offlood insurance by low-income Virginians. Such program shall includean application process, application guidelines, and a ranking systemthat prioritizes the use of the Fund to support the purchase of floodinsurance in the most flood-prone areas.