Sen. Adam Ebbin

Preservation of historic sites. Providesthat any locality utilizing the urban county executive form of government(Fairfax County) may include a provision in its historic preservationordinance requiring public access to an historic area, landmark,building, or structure, or land pertaining thereto, or providing that no subdivision shall occur within any historic district unlessapproved by the review board or, on appeal, by the governing bodyof the locality as being compatible with the historic nature of sucharea, landmarks, buildings, or structures therein with regard to anyparcel or parcels that collectively are (i) adjacent to a navigableriver and a national park, (ii) owned by a common owner exempt fromtaxation, and (iii) in part or as a whole subject to an easementgranted to the National Park Service or Virginia Outdoors Foundationgranted on or after January 1, 1973.

Possessing or transporting a weapon within Capitol Square or into building owned or leased by the Commonwealth; penalty. Makes it a Class 1 misdemeanor for a person to possess or transport any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon within Capitol Square or into any building owned or leased by the Commonwealth. A dangerous weapon includes a bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, fighting chain, throwing star, and oriental dart or any weapon of like kind. The bill provides exceptions for law-enforcement officers, retired state police officers, conservators of the peace, magistrates, court officers, judges, county or city treasurers, commissioners or deputy commissioners of the Virginia Workers' Compensation Commission, authorized security personnel, bail bondsmen, bail enforcement agents, and active military personnel while in the conduct of such persons' official duties. The bill requires that notice of the provisions prohibiting the possessing or transporting of such weapons be posted at each public entrance to Capitol Square or such building owned or leased by the Commonwealth. The bill also provides that any weapon or item possessed or transported in violation of these provisions is subject to seizure by a law-enforcement officer and forfeiture to the Commonwealth.

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Absentee voting; establishment of drop-off locations; ballot defects; cure process. Requires the establishment of a drop-off location for the return of marked absentee ballots at the office of the general registrar and each voter satellite office. On the day of any election, a drop-off location shall be available at each polling place in operation for such election. The bill allows the general registrar of any county or city to establish additional drop-off locations within the county or city as he deems necessary. The Department of Elections is required to set standards related to the establishment and operation of drop-off locations, including security requirements. The bill also requires general registrars to take certain actions to preprocess absentee ballots returned before election day and to notify an absentee voter of any errors or issues with the completion or return of his absentee ballot that would render the ballot void. The general registrars are required to enter into the voter's record in the registration system that the voter's absentee ballot has an issue requiring correction and to notify the voter in writing or by email of the error or failure, in addition to providing information on how to correct the issue. The absentee voter then has until noon on the third day following the election to make necessary corrections so that his ballot may be counted. This ballot cure process applies only to those absentee ballots received by the Friday immediately preceding the day of the election. The bill contains technical amendments for organizational purposes.

Marijuana; legalization of simple possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also modifies several other criminal penalties related to marijuana and provides for an automatic expungement process for those convicted of certain marijuana-related crimes. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, marijuana wholesalers, and retail marijuana stores by the Virginia Alcoholic Beverage Control Authority, renamed as the Virginia Alcoholic Beverage and Cannabis Control Authority. The bill imposes a tax on retail marijuana, retail marijuana products, and marijuana paraphernalia sold by a retail marijuana store, as well as non-retail marijuana and non-retail marijuana products at a rate of 21 percent and provides that localities may by ordinance levy a three percent tax on any such marijuana or marijuana products. The bill provides that net profits attributable to regulatory activities of the Authority's Board of Directors pursuant to this bill shall be appropriated as follows: (i) 40 percent to pre-kindergarten programs for at-risk three and four year olds, (ii) 30 percent to the Cannabis Equity Reinvestment Fund, established in the bill, (iii) 25 percent to substance use disorder prevention and treatment programs, and (iv) five percent to public health programs. The bill creates the Cannabis Control Advisory Board, the Cannabis Equity Reinvestment Board, and the Cannabis Public Health Advisory Council. The bill has a delayed effective date of January 1, 2023, with provisions for the Authority's Board of Directors to promulgate regulations for the implementation of the bill and for implementation of the automatic expungement process to begin in due course. In addition, the bill establishes three work groups to begin their efforts in due course: one focused on public health and safety issues, one focused on providing resources for teachers in elementary and secondary schools, and one focused on college-aged individuals. See S. B. 1406 Rehabilitation Substitute PDF text:https://lis.virginia.gov/000/cannabisbillsub.pdf See S. B. 1406 Judiciary Substitute PDF Text:https://lis.virginia.gov/000/cannabisbillsub2.pdfSee S. B. 1406 Engrossed PDF Text:https://lis.virginia.gov/000/CannabisBillEngrossed.pdf

Constitutional amendment (first reference);qualifications of voters and the right to vote. Establishes thatthe sole qualifications to vote in the Commonwealth are being a UnitedStates citizen, at least 18 years of age, a resident of the Commonwealth, and registered to vote in accordance with the requirements set outin the Constitution of Virginia. The amendment further provides thatany person who meets those qualifications has the right to vote andthat such right cannot be abridged by law. The bill lifts restrictionson qualifications to vote for those who have been convicted of afelony or adjudicated to be mentally incompetent.

Virginia Economic Development Partnership Authority;Office of Education and Labor Market Alignment established; workforceand higher education alignment. Directs the Virginia Economic Development Partnership Authority to establish an Office of Educationand Labor Market Alignment (the Office) to coordinate data analysison workforce and higher education alignment and translate data topartners. The Office shall provide a unified, consistent source ofinformation or analysis for policy development and implementationrelated to talent development and shall partner with the State Councilof Higher Education for Virginia, institutions of higher education,the Virginia Employment Commission, GO Virginia, and other relevantentities to offer resources and expertise related to education andlabor market alignment.

Virginia Freedom of Information Act; meetingsheld through electronic communication means during a state of emergency.Allows a public body, or a joint meeting thereof, to meet by electroniccommunication means without a quorum of the public body physicallyassembled at one location when a locality in which the public bodyis located has declared a local state of emergency, provided that(i) the catastrophic nature of the declared emergency makes it impracticableor unsafe to assemble a quorum in a single location and (ii) thepurpose of the meeting is to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties,and responsibilities. Under current law, public bodies may only meetin such manner when the Governor has declared a state of emergency,and only for the purpose of addressing the emergency. Finally, thebill requires public bodies meeting through electronic communicationmeans during a local or state declaration of a state of emergencyto (a) make arrangements for public access to such meeting throughelectronic communication means, including videoconferencing if alreadyused by the public body, and (b) provide the public with the opportunityto comment at such meetings when public comment is customarily received.