Del. Glenn R. Davis

Commemorating the life and legacy of Dr. RobertRussa Moton.

Hemp products; regulation; advertising. Directs the Board of Agriculture and Consumer Services to adopt regulations prohibiting any person who is not a credentialed medical professional from wearing a white laboratory coat or jacket or other medical attire or device in any hemp product advertisement or marketing material that could reasonably be expected to portray such person as a medical professional. Current law defines "hemp product" to include any lawful product that contains industrial hemp, including oil containing an industrial hemp extract. The bill authorizes the Board to adopt other regulations governing the advertising of hemp products.

Virginia Residential Property Disclosure Act and VirginiaResidential Landlord and Tenant Act; required disclosures; impoundingstructures, dams, flood hazard areas, and stormwater management facilities.Requires the owner of residential real property who has actual knowledge thatthe property is located in one or more special flood hazard areas to provide adisclosure that states such information to a potential purchaser. The owner ofany residential real property upon which a stormwater management facility islocated is required to provide to a prospective purchaser a written disclosurethat includes specifications, requirements, and a schedule of audits of suchfacility. Such disclosures are to be made on forms provided by the Real EstateBoard on its website. The bill also requires the landlord of a dwelling unitthat has actual knowledge that the dwelling unit is on property that is locatedin a special flood hazard area to provide to a prospective tenant a writtendisclosure that states such information prior to the execution by the tenant ofa written lease agreement or, in the case of an oral lease agreement, prior tooccupancy by the tenant. Any tenant who is not provided the required disclosuremay terminate the lease agreement at any time within 60 days of discovery thatthe property is located in a special flood hazard area. The bill adds to therequired disclosures for the buyer to beware that the owner makes norepresentation with respect to the condition or regulatory status of anyimpounding structure or dam on the property or under the ownership of thecommon interest community that the owner of the property is required to join,and purchasers are advised to exercise due diligence in determining suchinformation.

Virginia Diverse Educator Scholarship Fund and Program established. Establishes the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who (i) identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in such institution's education preparation program; and (iii) are eligible for a federal Pell Grant to attend such institution. The bill provides that each such scholarship would consist of the following sums: (a) the cost of tuition, mandatory fees, room and board, and textbooks at such institution; (b) the recipient's teacher licensure fees; (c) $5,000 toward teacher professional development activities for the recipient, including coursework, seminars, and conferences; and (d) $10,000 toward mentorship of the recipient by an experienced teacher who is deemed by the relevant school board to be highly effective and able to provide high quality mentorship. The bill requires each student who is awarded a scholarship pursuant to the Program to agree in writing to (1) teach in a public elementary or secondary school in the Commonwealth in which at least 75 percent of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and (2) be mentored by an experienced teacher, as described in clause (d), during such period of employment.

Yellow schools; authorization. Permits any school boardto enter into an operating contract with a not-for-profit entity (operatingentity) to designate a public elementary or secondary school in the localschool division in which at least 50 percent of enrolled students are eligiblefor free or reduced price lunch as a yellow school and requires each suchcontract to (i) require the school board to transfer its constitutionalauthority to supervise the yellow school to the operating entity, including itsauthority relating to personnel and curriculum, for an initial period of atleast two years, provided, however, that the yellow school shall be subject toall federal and state accountability requirements prescribed by law orregulation; (ii) require the operating entity to make available nutritionalsupport, after school academic and mentorship services, health care support bylicensed nurse practitioners or doctors, and dental care by dental hygienistsor dentists to each student enrolled in the yellow school; (iii) permit theoperating entity to seek reimbursement under Medicaid for all the servicesdescribed in clause (ii) that are provided to eligible students; (iv) requirethe operating entity to establish performance metrics for the yellow school andbiannually report to the school board on its compliance with such metrics; and(v) require the supervision of the yellow school to be transferred back to theschool board if the operating entity breaches the operating contract or failsto meet the performance metrics established in the operating contract. The billpermits any such operating contract to contain provisions for the use of localschool division services for a yellow school, including transportation, foodservices, and extracurricular activities. The bill provides that each operatingentity is entitled to matching state funds pursuant to the generalappropriation act in an amount equal to 25 percent of all funds that theoperating entity invests to provide the services described in clause (ii) inthe yellow school. The bill also provides that no operating entity thatreceives such matching state funds is eligible to receive a NeighborhoodAssistance Act Tax Credit pursuant to Article 13.2 (§ 58.1-439.18 et seq.) ofChapter 3 of Title 58.1.

Commission to Investigate the May 31, 2019, Virginia Beach Mass Shooting; report. Establishes an independent commission to investigate the May 31, 2019, Virginia Beach mass shooting (the Commission). The Commission consists of 21 members appointed as follows: five members appointed by the Speaker of the House of Delegates, five members appointed by the Senate Committee on Rules, and 10 members appointed by the Governor. The Superintendent of State Police serves ex officio as a nonvoting member. The Commission is charged with investigating the underlying motive for the May 31, 2019, Virginia Beach mass shooting, investigating the gunman's entire prior employment history with the City of Virginia Beach and his interactions with coworkers and supervisors, determining how the gunman was able to carry out his actions, identifying any obstacles confronted by first responders, identifying and examining the security procedures and protocols in place immediately prior to the shootings, examining the post-shooting communications between law enforcement and families of the victims, and developing recommendations regarding improvements that can be made in the Commonwealth's laws, policies, procedures, systems, and institutions, as well as those of other governmental agencies and private providers.The Office of the State Inspector General or such other person or entity under the Secretary of Public Safety and Homeland Security staffs the Commission, as designated by the Governor. The expenses of the Commission are paid from existing appropriations to the Office of the State Inspector General or any agency under the Secretary, as determined by the Governor. The Commission has a sunset date of November 1, 2022.

New media and technology innovation income tax credit. Establishes a new media and technology innovation income tax credit, starting with taxable year 2020, which is a nonrefundable tax credit for expenses related to producing in Virginia commercial advertisements, digital interactive media productions, and episodic television series. The bill allows a company to submit a single application for a project covering multiple tax years and requires such company to make available a third-party audit of its project-related expenses.The bill provides that the Department of Taxation and the Virginia Film Office shall review applications for credits and that the MEI (Major Employment and Investment) Project Approval Commission shall review applications for tax credits and recommend whether to endorse them; however, its recommendation shall not be binding on the determination of the Department and the Virginia Film Office on whether to approve the application.The credit equals 15 percent of expenses or 20 percent for productions in economically distressed areas of Virginia. Expenses eligible for the credit exclude purchases that were exempt from sales tax unless such purchases were made at least one year prior to such taxpayer entering into an agreement with the Virginia Film Office related to the tax credit. Productions may receive additional credits of up to 20 percent of (i) production costs over $250,000 and (ii) compensation paid to Virginia residents who are first-time actors or production crew members.The bill provides that credits may be carried over to subsequent taxable years for up to 10 years and transferred to another party upon payment to the Department of a fee of two percent. The bill authorizes the Governor to use funds from any source to buy back credits from credit holders, provided that the Governor pays at least 80 percent of their value.

Home care organizations; public disclosure ofcomplaints. Requires the Department of Health to make availableon its website information regarding all complaints received regardinghome care organizations or employees thereof, including whether aninvestigation was conducted in response to the complaint and theDepartment's ultimate findings on such complaint.

Killing or injuring police animals; penalty.Provides that the punishment for any person who maliciously killsor injures an animal owned, used, or trained by a law-enforcementagency, regional jail, or the Department of Corrections, while suchanimal is performing its lawful duties or is being kept in a kennel,pen, or stable while off duty, shall be separate and apart from,and shall be made to run consecutively with, any other sentence.

Personal property tax exemption; household goodsand personal effects. Provides that for any tangible personalproperty tax exemption provided by a locality, household goods andpersonal effects owned and used by an individual incident to maintaininga vacation home shall be exempt if the preponderance of use for thevacation home is as a residence for its owners.