Rep. Martha M. Mugler

Replacement and conservation of trees during development. Gives a locality the ability to exceed general requirements in its tree replacement and conservation ordinances in specific circumstances, including development that impacts stormwater permit requirements, recurrent flooding, formerly redlined areas, and comprehensive plan compliance. The provisions of the bill shall become effective July 1, 2022.

Children's Services Act; special education programs. Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months who will receive transitional services, as that term is defined in the bill, in a public school setting to the target population for eligibility for the state pool of funds, provided, however, that such funds shall be allocated for such transitional services for no longer than 12 months. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with, at minimum, certain identified stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time, among other duties. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.

Research and development tax credits. Provides that the research and development expenses tax credit and the major research and development expenses tax credit shall be available against the bank franchise tax for taxable years beginning on and after January 1, 2021. Under current law, the credits are available only against the individual and corporate income tax.

Alcoholic beverage control; license fee reform;delay; emergency. Delays the effective date of the 2020 alcoholicbeverage control license and fee reform from July 1, 2021, to January1, 2022. During the period of delay and subject to certain requirements,the bill allows on-premises wine or beer licensees to sell wine orbeer for off-premises consumption and allows such licensees, as wellas off-premises wine or beer licensees, to deliver wine or beer thatthe licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.

Student driver safety. Adopts measures aimedat improving student driver safety. The bill requires curriculumfor tenth grade health at public schools to include instruction onthe dangers of distracted driving and speeding, to be developed bythe Department of Education. Finally, the bill requires that a studentshow proof of a valid driver's license or driver privilege card before being issued a school parking pass at a public high school and thatschools use a common application for such parking passes.

Consumer Data Protection Act. Establishesa framework for controlling and processing personal data in the Commonwealth.The bill applies to all persons that conduct business in the Commonwealthand either (i) control or process personal data of at least 100,000consumers or (ii) derive over 50 percent of gross revenue from thesale of personal data and control or process personal data of at least25,000 consumers. The bill outlines responsibilities and privacyprotection standards for data controllers and processors. The billdoes not apply to state or local governmental entities and containsexceptions for certain types of data and information governed byfederal law. The bill grants consumer rights to access, correct, delete,and obtain a copy of personal data and to opt out of the processingof personal data for the purposes of targeted advertising. The billprovides that the Attorney General has exclusive authority to enforceviolations of the law, and the Consumer Privacy Fund is created tosupport this effort. The bill has a delayed effective date of January1, 2023.

Compensation Board determining staffing and salaries for an attorney for the Commonwealth. Provides that the Compensation Board shall consider workload totals comprehensively, including the use of diversion programs and specialty dockets, when determining staffing and funding levels for an attorney for the Commonwealth and the office. The provisions of the bill are contingent on funding in a general appropriation act.

Campaign finance; prohibited personal use; child care exception. Prohibits any person from converting any moneys, securities, or like intangible personal property contributed to a candidate or a candidate's campaign committee to his personal use, the personal use of the candidate, or the personal use of a member of the candidate's immediate family. Current law prohibits such conversion of contributions to personal use specifically with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but excepts from "personal use" the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. The bill directs the Attorney General to issue an advisory opinion explaining the provisions of the Campaign Finance Disclosure Act of 2006 (§ 24.2-945 et seq.) that prohibit the personal use of campaign funds. The bill directs the State Board of Elections to adopt emergency regulations to implement the provisions of the bill and to provide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any new regulations promulgated by the Board.

Brain injury; definition. Eliminates therequirement that an injury occur before the age of 65 to constitutea brain injury as that term is used in the context of licensure ofprivate providers of behavioral health services.

Virginia Freedom of Information Act; electronic meetings. Authorizes a public body to conduct through electronic communication means a meeting for which, on or before the day of the meeting, a member of the public body holding the meeting notifies the chair that such member is unable to attend the meeting due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance. The bill also clarifies that participation in an electronic meeting by a member of a public body due to the inability to attend because of a personal matter is limited each calendar year to two such meetings, which is current law, or 25 percent of the meetings held that calendar year rounded up to the next whole number, whichever is greater. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.