Sen. Mark Obenshain

Maddy summaryThis resolution formally expresses appreciation for Lawrence Douglas Wilder, Virginia's first Black governor, recognizing his service to the state. It passed both the Senate and House by voice vote on January 15-16, 2025, with no recorded opposition. The bill has no binding effect or policy changes - it serves solely as a ceremonial honor. It directly affects no individuals or entities beyond the symbolic recognition of Wilder's legacy.

Commonwealth Mass Transit Fund; Washington Metropolitan Area Transit Authority; budget; operating assistance. Provides that payments and obligations arising from or related to any contract pertaining to employee compensation and work conditions under the normal operation of the Washington Metropolitan Area Transit Authority (WMATA) may be included in the calculation of a WMATA budget increase for purposes of the cap of such budget increase. Current law provides that any payment or obligation of any kind arising from or related to legal disputes or proceedings between or among WMATA and any other person or entity shall not be used in calculating a WMATA budget increase.

Certain school divisions; cost-savings agreements; requirements. Removes the limitation on any school board that enters into certain cost-savings agreements with a school board that governs a contiguous school division for the consolidation or sharing of educational, administrative, or support services and thus qualifies for adjustment of state share of basic aid computed annually on the basis of the composite index of local ability-to-pay of such contiguous school division that caps such adjusted basic aid payment at an amount equal to the basic aid payment appropriated to such locality by the 2007 Session of the General Assembly. The bill also permits, notwithstanding the requirement set forth in relevant law that a school division has 65 percent or more of its local taxes coming from real estate taxes in order for the school board that governs such school division to be eligible to enter into such cost-savings agreements with a contiguous school division, the Bath County School Board to enter into such cost-savings agreements with the Augusta County School Board, provided that all other conditions and limitations set forth in relevant law apply to any such agreement.

Nursing homes and certified nursing facilities; professional liability insurance. Specifies that the required minimum amount of professional liability coverage for nursing homes and certified nursing facilities is the amount per occurrence. The bill also requires such coverage to be noneroding, i.e., the coverage limits are not reduced by legal costs.

Discharge plans; copies to public elementary and secondary schools. Provides that, prior to the discharge of any minor admitted to inpatient treatment (i) who is a student at a public elementary or secondary school and (ii) for whom the facility deems (a) such discharge poses a threat of violence or physical harm to self and others or (b) additional educational services are needed, such facility is required to provide to the school's mental health professional or school counselor the portions of such discharge plan relevant to the threat of violence or harm or the necessary additional educational services. The bill requires such facility to, prior to providing any such portions of any minor's discharge plan, provide to the parent of such minor student reasonable notice of the types of information that would be included in any portions of the discharge plan being provided and of the parent's right to, upon written request, refuse the provision of any such information.

Kinship as Foster Care Prevention Program established.Establishes the Kinship as Foster Care Prevention Program to promote and support placements of children with relatives by local boardsof social services in order to avoid foster care. The bill providesthat a child is eligible to participate in the Program if the localboard determines that (i) the child is at imminent risk of beingremoved from his home and a preliminary protective order is insufficientto address the child's immediate safety concerns and (ii) the child'sparent or guardian consents to the placement of the child with arelative pursuant to an agreement with the local board developedin accordance with the provisions of the bill.

Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide. The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of fentanyl, heroin, or carfentanil based on the weight of such mixtures or substances. Additionally, the bill creates the Task Force on Fentanyl and Heroin Enforcement whose purpose is to study ways to enhance the ability of law-enforcement officers throughout the Commonwealth to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations.

Virginia Real Estate Time-Share Act; partial termination of certain time-shares. Allows for the partial termination of a time-share project by a developer or an association and provides the procedures for any such partial termination. The bill also sets a one-year statute of limitations on any legal challenge or action for damages or equitable relief arising out of any termination of a time-share project in accordance with the provisions of the Virginia Real Estate Time-Share Act. The bill's provisions are declared to be effective retroactive in accordance with certain provisions of the Virginia Real Estate Time-Share Act. This bill is identical to HB 1241.

Controlled substances; manufacturing, selling, giving, distributing, etc.; adulterated or misbranded drugs; penalties. Makes it a Class 6 felony for any person, except for permitted manufacturers, to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. The bill makes it a Class 5 felony if such person knows, intends, or has reasonable cause to believe that such action will result in the unlawful manufacture of a controlled substance or counterfeit controlled substance that contains (i) a controlled substance classified in Schedule I or Schedule II of the Drug Control Act; (ii) cocaine, coca leaves, or any salt, compound, derivative, or preparation thereof as described in Schedule II of the Drug Control Act; or (iii) a controlled substance analog as defined in relevant law.The bill also makes it a felony punishable by imprisonment for not less than 10 nor more than 40 years for any person 18 years of age or older to knowingly allow a minor or a mentally incapacitated or physically helpless person of any age to be present during the manufacture or attempted manufacture of any substance containing a detectable amount of fentanyl.The bill also increases from a Class 2 misdemeanor to a Class 6 felony the penalty for violations related to adulterated or misbranded drugs and cosmetics.

Virginia Public School Construction GrantsProgram and Fund; career and technical education programs eligible.Directs the Board of Education to revise the guidelines on theadministration of the Virginia Public School Construction GrantsProgram to explicitly clarify that grants provided to a qualifyingschool division under the Program may be used for construction, additions,infrastructure, site acquisition, and renovations for buildings andfacilities used for career and technical education programs providedat a regional comprehensive school. The bill also provides that "publicschool buildings and facilities" or "public school buildings" forthe purposes of the Program includes any school building or facilityused for career and technical education programs provided at any regional comprehensive school.