Del. Kelly Fowler

Alcoholic beverage control; local outdoor refreshment areas. Renames the "local special events" license as the "outdoor refreshment area" license. The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration. Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The bill also increases the state and local license fees for outdoor refreshment area licenses issued pursuant to a local ordinance. This bill incorporates HB 2051.

Victims of human trafficking; affirmative defenseto prosecution for certain offenses. Provides an affirmativedefense to prosecution for prostitution and keeping, residing in,or frequenting a bawdy place if, at the time of the offense leadingto such charge, such person was a victim of human trafficking, asdefined in the bill, and (i) was coerced to engage in the offensethrough the use of force or intimidation of another, (ii) such offensewas committed as part of a commercial sex trafficking scheme, or (iii) such offense was committed at the direction of an operator of a commercialsex trafficking scheme. The bill provides that a victim of humantrafficking may raise such affirmative defense regardless of whether any other person has been arrested for, prosecuted for, charged with,or convicted of an offense.

Virginia Residential Property Disclosure Act; required disclosures; repetitive risk loss structure; flood risk information form. Requires the Real Estate Board (the Board) to make available on its website a flood risk information form, the details of which are outlined in the bill. The bill also provides that an owner of residential real property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure, as defined in the bill, shall disclose such fact to the purchaser on a form provided by the Real Estate Board on its website. The bill has a delayed effective date of January 1, 2022.

Local elections for governing bodies; qualificationof voters. Clarifies that, notwithstanding any other provisionof law, general or special, in a locality that elects its governingbody at large from the locality, any qualified voter of the localityshall be entitled to vote for the at-large candidates, and in a localitythat elects its governing body from districts or wards, only thequalified voters of a district or ward shall be entitled to votefor the candidates of that district or ward. In a locality that electsits governing body from any combination of at-large and districtsor wards, any qualified voter of the locality shall be entitled tovote for the at-large candidates and only the qualified voters ofa district or ward shall be entitled to vote for the candidates ofthat district or ward.

Public schools, child day programs, and certainother programs; carbon monoxide detectors required. Requireseach building that was built before 2015 and that houses any publicschool classroom for students, licensed child day program, or otherprogram that serves preschool-age children to be equipped with atleast one carbon monoxide detector.

Child Care Assistance Program; emergency. Provides that regulations governing the Child Care Subsidy Program (the Program) shall be amended to provide that (i) a family shall be eligible for assistance through the Program if the family's income does not exceed 85 percent of the state median income, the family includes at least one child who is five years of age or younger and has not yet started kindergarten, and the family meets all other income and eligibility requirements of the Program and (ii) job search activities shall be considered eligible activities for the purposes of the Program. The bill provides that a family determined to be eligible for assistance through the Program shall be eligible to receive assistance for a period of 12 months or until the family's household income exceeds 85 percent of the state median income, whichever occurs sooner. The Department of Social Services shall administer the program, as amended by the bill, in cooperation with the Department of Education. The bill contains an emergency clause and provides that the provisions of the bill shall be applicable to applications for assistance through the Program received prior to August 1, 2021.

Department of Small Business and Supplier Diversity; certification of small, women-owned, and minority-owned businesses;right to appeal denial of initial certification. Requires theDepartment of Small Business and Supplier Diversity to adopt regulationsto establish a process for businesses that are denied initial certificationas a small, women-owned, or minority-owned business to appeal suchdenial on the basis that the Department made a mistake in denyingthe business's application for certification. This bill is a recommendationof the Joint Legislative Audit and Review Commission.

Virginia Small Business Financing Authority;risk-based review of outstanding loans; report. Requires theVirginia Small Business Financing Authority to conduct a risk-basedreview of all outstanding loans at least annually and report theresults of such review to the Board of Directors. This bill is arecommendation of the Joint Legislative Audit and Review Commission.

Assistance for certain voters; curbside voting. Clarifies that any voter with a permanent physical disability, temporary physical disability, or injury is entitled to vote outside of thepolling place. The bill further provides that during a declared stateof emergency related to a communicable disease of public health threat,any voter shall be entitled to vote outside of the polling place.The bill requires that the area designated for voting outside ofthe polling place be clearly marked and instructions on how the voteris to notify an officer of election of his request to vote outsideof the polling place be prominently displayed. The bill makes technical amendments for clarity and organizational purposes.

Solicitation of prostitution; reorganization. Reorganizes the statute penalizing prostitution into two distinctsections. The penalties for all offenses remain unchanged. This billis a recommendation of the Virginia State Crime Commission.