Sen. Mamie Locke

Chapters of Acts of Assembly of previous years repealed. Repeals chapters of the Acts of Assembly of 1914, 1916, and 1920 related to the establishment and expansion of the Central State colony for "feeble-minded colored persons" and repeals a chapter of the Acts of Assembly of 1918 related to the appropriation of money for, among other things, the construction of separate sanatoria for white and non-white persons for the treatment of tuberculosis. This bill is identical to HB 1521.

Voter identification; repeal of photo identification requirements; additional forms of identification accepted; signed statement in lieu of required form of identification; penalty. Removes the requirement that voters show a form of identification containing a photograph in order to be allowed to vote. The bill requires a voter to show either his voter registration confirmation documents; his valid Virginia driver's license, his valid United States passport, or any other identification issued by the Commonwealth, one of its political subdivisions, or the United States; any valid student identification card issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth; any valid student identification card issued by any institution of higher education located in any other state or territory of the United States; any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer's business; or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. The bill also provides that the expiration date on a Virginia driver's license is not considered when determining the validity of a driver's license offered for voter identification purposes. A voter who does not show one of the required forms of identification when offering to vote is required to sign a statement that he is the named registered voter he claims to be in order to be permitted to cast a ballot. Such statement is signed subject to felony penalties for making false statements, punishable as a Class 5 felony. A voter who does not show one of the required forms of identification and does not complete or sign the statement shall be offered a provisional ballot according to the provisions of current law. The bill adds language regarding identification requirements for certain voters pursuant to the federal Help America Vote Act of 2002. The bill incorporates SB 113 and SB 123.

Local disposable plastic bag tax. Authorizes any county or city, beginning no earlier than January 1, 2021, to impose a tax of five cents per bag on disposable plastic bags provided to consumers by certain retailers, with certain bags being exempt from the tax. The bill allows every retailer that collects the tax to retain a portion of the five-cent tax and provides that the revenue accruing to the county or city shall be used for certain purposes including environmental cleanup and the provision of reusable bags. The measure authorizes the Tax Commissioner to administer the tax. This bill incorporates SB 26 and SB 198 and is identical to HB 534.

Memorials for war veterans. Provides that a locality may remove, relocate, contextualize, cover, or alter any monument or memorial for war veterans located in its public space, except in a publicly owned cemetery, regardless of when erected and removes certain criminal and civil penalties for such removal, relocation, or alteration. Current law makes it unlawful to disturb or interfere with such monuments or memorials or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of such monuments or memorials. The bill requires that such locality initiate such process by passing a resolution stating its intention and (i) formally request the Virginia Department of Historic Resources (Department) to prepare a report that, at a minimum, sets forth the background of the person or people depicted on the monument or memorial, the circumstances surrounding the establishment of the monument or memorial, and whether the monument or memorial qualifies for placement on the Virginia Landmarks Register or the National Register of Historic Places; (ii) no sooner than 30 days after publication of the report on its website, hold a public hearing to solicit comments; (iii) no sooner than 10 days after completion of the public hearing, vote whether to remove, relocate, contextualize, cover, or alter the monument or memorial; such motion requires an affirmative vote of two-thirds of the members elected to the governing body for passage. The bill authorizes the local governing body to call for an advisory referendum prior to voting on such motion; and (iv) for a period of 30 days, offer the monument or memorial for relocation and placement to any museum, historical society, government, or military battlefield. The bill provides that the local governing body shall have sole authority to determine the final disposition of the monument or memorial.The bill repeals an 1890 act of assembly related to the placement of a statue in the City of Alexandria and does not apply to a monument or memorial located on the property of a public institution of higher education within the City of Lexington. This bill incorporates SB 560 and SB 620.

Purchase of handguns; limitation on handgun purchases; penalty. Prohibits any person who is not a licensed firearms dealer from purchasing more than one handgun in a 30-day period and establishes such an offense as a Class 1 misdemeanor. The bill exempts from this provision (i) persons who have been issued a certificate by the Department of State Police under certain circumstances and with an enhanced background check, (ii) law-enforcement agencies and officers, (iii) state and local correctional facilities, (iv) licensed private security companies, (v) persons who hold a valid Virginia concealed handgun permit, (vi) persons whose handgun has been stolen or irretrievably lost or who are trading in a handgun, (vii) purchases of handguns in a private sale, and (viii) purchases of antique firearms. This bill incorporates SB 22. This bill is identical to HB 812.

Minimum staffing ratio for school counselors. Requires local school boards to employ school counselors in accordance with the following ratios, effective with the 2020-2021 school year: in elementary schools, one hour per day per 75 students, one full-time equivalent at 375 students, one hour per day additional time per 75 students or major fraction thereof; in middle schools, one period per 65 students, one full-time equivalent at 325 students, one additional period per 65 students or major fraction thereof; and in high schools, one period per 60 students, one full-time equivalent at 300 students, one additional period per 60 students or major fraction thereof. The bill also requires local school boards to employ one full-time equivalent school counselor position per 325 students in grades kindergarten through 12, effective with the 2021-2022 school year. The provisions of the bill are contingent on funding in a general appropriation act.

Provision of abortion; informed consent; regulations. Eliminates the procedures and processes, including the performance of an ultrasound, the provision of specified information, and the offer to review certain printed materials, required under existing law to effect a pregnant person's informed written consent prior to the performance of an abortion; however, the bill retains the requirement that a physician obtain a pregnant person's informed written consent prior to performing any abortion. The bill expands who can perform first trimester abortions to any person licensed by the Board of Medicine as a physician's assistant and acting within such person's scope of practice or any person jointly licensed by the Board of Medicine and Nursing as a nurse practitioner acting within the nurse practitioner's such person's scope of practice. The bill removes a provision classifying facilities that perform five or more first trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.

Public institutions of higher education; eligibility for in-state tuition. Provides that any student is eligible for in-state tuition who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed, on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill states that students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M). Information obtained in the implementation of the provisions of the bill shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility. This bill is identical to HB 1547.

Secretary of Technology; transfer of duties to the Secretaries of Administration and Commerce and Trade. Transfers operational responsibilities of the Office of the Secretary of Technology to the Secretary of Administration and responsibilities of the Office of the Secretary of Technology related to commercialization and entrepreneurial support to the Secretary of Commerce and Trade. The bill contains technical amendments.

Virginia Residential Property Disclosure Act; required disclosures for buyer to beware; impounding structures or dams. Directs the Real Estate Board to include in the residential property disclosure statement provided on its website a disclosure relating to the condition or regulatory status of any impounding structure or dam on the owner's property or under the ownership of a common interest community that the owner of the property is required to join. As introduced, this bill was a recommendation of the Virginia Housing Commission. This bill is identical to HB 1569.