Del. Jay Leftwich

Constitutional amendment (voter referendum);reapportionment; technical adjustments permitted. Provides for a referendum at the November 3, 2020, election to approve or rejectan amendment that would allow the General Assembly to make technicaladjustments to legislative election district boundaries in the periodbetween decennial reapportionments, provided that the adjustment'ssole purpose is to align legislative election district boundarieswith the boundaries of voting precincts established in counties andcities.

Certificate of public need; definition of "medical care facility." Adds to the list of medical care facilitiesfor which a certificate of public need is required any facility thathas common ownership with an affiliated licensed hospital located within 35 miles of the facility and that includes, as part of thefacility, a dedicated emergency department as defined in 42 C.F.R.§ 489.24(b) that is subject to the requirements of the federal Emergency Medical Treatment and Active Labor Act.

Group Violence Intervention Board; Divisionof Group Violence Intervention; Project Ceasefire Grant Fund; ProjectExile Grant Fund. Establishes the Group Violence InterventionBoard to coordinate and assist federal, state, and local group violenceintervention efforts. The bill also establishes within the Departmentof Criminal Justice Services (the Department) the Division of Group Violence Intervention (the Division), to be headed by an executivedirector appointed by the Director of the Department. The bill providesthat the Division is responsible for (i) coordinating the effortsof members of state and local law enforcement, community members,and social services providers to combat group violence; (ii) serving as a clearinghouse for research, best practices, and strategies thatmay be utilized in the implementation, execution, and evaluationof group violence interventions; and (iii) implementing and administeringvarious federal, state, and local grant funds that aid group violenceintervention efforts. Finally, the bill creates the Project CeasefireGrant Fund, which provides money to organizations that are involvedin group violence intervention efforts, and creates the Project ExileGrant Fund, which provides money to organizations that assist formergang members or individuals attempting to leave gangs.

Virginia National Guard; state active duty for emergency response; pay and allowances for members. Establishes rates of pay and allowances for members of the Virginia National Guard and Virginia Defense Force.

Possession, purchase, and transport of certainfirearms in certain localities; withholding state funds. Allowsa person to lawfully possess, purchase, or transport a firearm orfirearms magazine that he would otherwise be lawfully permitted to possess, purchase, or transport on January 1, 2020, while he isin a locality that has adopted or enforced any ordinance, resolution,or motion that declares such locality a sanctuary for Second Amendmentrights. The bill also provides that no funds payable by the Commonwealthto a locality for any and all purposes shall be withheld from a localitysolely on the basis of such locality adopting or enforcing any ordinance,resolution, or motion that declares such locality a sanctuary for Second Amendment rights.

Prescribing of opioids; required patient disclosures. Requires prescribers to discuss with a patient or the patient'sparent or guardian prior to prescribing an opioid information regardingthe prescribed opioid, including the risks of addiction and overdoseassociated with opioids; the dangers of taking opioids with alcohol,benzodiazepines, and other central nervous system depressants; thereasons why the prescription is necessary; and alternative treatmentsthat may be available. The bill also requires the prescriber to includea notation in the patient's medical record indicating that theserequired patient disclosures were discussed.

Licensing of retailers of vapor products; penalty. Requires any person that engages in the retail sale of vapor products to register with the Department of Taxation as a retail dealer. The bill authorizes the Department to charge an application fee not to exceed its costs of enforcement and application processing. The bill provides for recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application.

Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, defined in the bill. The bill states that a campground, an owner or operator of a campground, and any employee or officer of a campground shall be immune from civil liability for acts or omissions related to camping at a campground if a person is injured or killed, or the property of an individual or group is damaged, as a result of the inherent risks of camping. An owner or operator of a campground, and any employee or officer of a campground, may be held civilly liable under this section if the person or agents of the campground seeking immunity intentionally cause injury, death, or property damage; act with a willful or wanton disregard for the safety of others or the property of others; or fail to conspicuously post warning signs of a dangerous inconspicuous condition known on the property if the owner of the campground is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury.

Sale of nicotine vapor products; penalties.Limits the sale of (i) flavored nicotine vapor products, includingmint and menthol but not tobacco flavors, and (ii) high-nicotinevapor products above 30 mg strength to retail establishments thatsell to persons 21 years of age or older and have proven age restrictionprocesses. The bill requires such retail establishments to prove valididentification checks at the door upon entry and again before anytransaction is processed and to maintain required age verificationdocumentation for every transaction. The bill also prohibits all direct-to-consumer online sales that are intended to deliver nicotine vapor products and prohibits the sale of nicotine vapor productswith additives other than traditional e-liquid ingredients (e.g.,propylene glycol, vegetable glycerin, flavoring) that alter the performancecharacteristics of nicotine (e.g., benzoic acid). The bill furtherrequires a person selling a tobacco product, nicotine vapor product,or alternative nicotine product to obtain identification as proofof a buyer's age in any circumstance. Under current law, such identificationis not required from an individual who the person has reason to believeis at least 21 years of age or who the person knows is at least 21years of age.

Special education; due process hearings; nonattorney representatives. Permits a school division and the parents of a child with a disability in the school division to be accompanied and advised by any nonattorney with special knowledge or training with respect to the needs of children with disabilities in any due process hearing before a hearing officer. The bill declares that it constitutes the practice of law without being authorized or licensed to do so as prohibited by law when any such nonattorney drafts or submits pleadings, motions, or briefs; presents evidence; makes any argument, including any argument relating to any law or regulation; or questions witnesses on behalf of any parent or student. The bill requires the Board of Education to adopt regulations to establish (i) licensure requirements, including minimum training and qualification requirements, (ii) a code of professional conduct, and (iii) a mechanism for the review and resolution of complaints for such nonattorneys. Current law permits the school division and the parents of a child with a disability to be represented by any individual, regardless of special knowledge or training, in any due process hearing before a hearing officer and declares that such representation does not constitute the practice of law without being authorized or licensed to do so.