Del. Kelly Fowler

Commending Robert Raymond Matthias.

Celebrating the life of the Honorable RobertS. Bloxom, Sr.

Presumption of death; confessions or convictionsof murder. Provides that any person who is a resident of theCommonwealth shall be presumed dead if such person has disappeared,his body has not been found, he is not known to be alive, and anindividual has confessed to such person's murder under oath or hasbeen convicted of such murder. The bill further exempts such personsfrom the notice and hearing requirements otherwise required for thecourt to enter an order determining that the presumed decedent isin fact dead.

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.

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.

Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and SupplierDiversity and the Virginia Public Procurement Act to mean a businessthat together with its affiliates has both 250 or fewer employeesand average annual gross receipts, less the cost of goods sold bythe business, of $10 million or less averaged over the previous threeyears. Currently for these programs, a business qualifies as a smallbusiness if, together with its affiliates, it has either 250 or feweremployees or average annual gross receipts of $10 million or lessaveraged over the previous three years.

Workers' compensation; occupational diseasepresumption; Department of Motor Vehicles officers. Establishesa presumption that hypertension or heart disease causing the deathor disability of a full-time sworn member of the enforcement divisionof the Department of Motor Vehicles is an occupational disease compensableunder the Workers' Compensation Act.

Labor and employment; collective bargaining; employees of counties, cities, and towns. Permits counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and their employees, and including public school employees and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment. The bill provides that for any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body is required, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, to take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. The bill provides that the prohibition against striking for public employees applies, irrespective of any such local ordinance. The bill has a delayed effective date of May 1, 2021. This bill is identical to SB 939.

Virginia Community Flood Preparedness Fund; loan and grant program. Continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund, providing that the Fund shall include all sums that are deposited from revenue generated by the sale of emissions allowances and are designated to assist localities affected by recurrent flooding, sea level rise, and flooding from severe weather events. The bill directs the Virginia Resources Authority to manage the Fund and the Department of Conservation and Recreation to administer the Fund. The measure authorizes the Authority to manage the Fund in accordance with a memorandum of agreement with the Department and to pledge the assets of the Fund as security for any bonds issued to finance flood prevention or protection projects. The bill authorizes localities to lend or grant money from the Fund to implement flood prevention and protection projects and studies, requiring that at least 25 percent of the money disbursed from the Fund each year be used for projects in low-income geographic areas. The measure also authorizes any locality to forgive the principal of a loan it grants in a low-income geographic area so long as the total amount of loans forgiven by all localities does not exceed 30 percent of the amount appropriated to the Fund during the fiscal year. The bill provides that any locality that forgives such a loan remains obligated to pay the principal to the Commonwealth. This bill incorporates HB 751 and is identical to SB 320.

Elections; same-day registration; in-personabsentee and election day voting. Provides an exception to theclosing of registration records for any person who (i) is qualifiedto register to vote, (ii) is unregistered or registered in a localityin which the person no longer resides but is otherwise entitledto vote by absentee ballot, (iii) desires to vote absentee in personat the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrantsto vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who registerto vote under the provisions of this bill to fill out an absenteeapplication, including the required oath, in order to vote. Thisbill has a delayed effective date of July 1, 2022.