Sen. Barbara Favola

Commending Encore Learning.

Commending Virginia Housing.

Low-to-Moderate Income Solar Loan and Rebate Fund and Pilot Program; financial incentives. Provides that the purpose of the Low-to-Moderate Income Solar Loan and Rebate Fund and the Low-to-Moderate Income Solar Loan and Rebate Pilot Program is to provide financial incentives, which may include grants, loans, rebates, and other inducements, to electric customers who complete solar installations and energy efficiency projects and renames the Fund and Program to the Low-to-Moderate Income Solar Financial Incentives Fund and Pilot Program to reflect such purpose. Under current law, the Fund and Program may only offer loans and rebates to customers who complete either solar installations or energy efficiency projects. The bill reassigns the duty to accept and review applications to the Program for such financial incentives from the Clean Energy Advisory Board to the Direc­tor of the Department of Energy. The bill updates references to the Maryland-DC-Delaware-Virginia Solar Energy Industries Association with the association's new name, the Chesapeake Energy Storage and Solar Association.

Constitutional amendment (voter referendum);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Provides for a referendum at the November 8, 2022,election to approve or reject an amendment that would repeal theconstitutional provision defining marriage as only a union betweena man and woman as well as the related provisions that are no longervalid as a result of the United States Supreme Court decision inObergefell v. Hodges, 576 U.S. 644 (2015). The amendment providesthat the right to marry is a fundamental right inherent in the libertyof persons and requires the Commonwealth and its political subdivisionsand agents to issue marriage licenses, recognize marriages, and treatall marriages equally under the law, regardless of the sex or genderof the parties to the marriage. Religious organizations and clergyacting in their religious capacity have the right to refuse to performany marriage.

Foster Care Prevention program. Establishesthe Foster Care Prevention program to facilitate placements withrelatives and ensure that such relatives are provided with the resources necessary to provide care for the child. The bill provides that achild is eligible to participate in the Foster Care Prevention programif the local department of social services (local department) determinesthat (i) the child is in the custody of a relative pursuant to acourt order; (ii) the child's parent or guardian voluntarily placedthe child with such relative; (iii) the child demonstrates a strongattachment to the relative, and the relative has a strong commitmentto caring for the child; and (iv) had the relative not agreed totake custody of the child, the local department likely would havefiled a petition to remove the child from his home due to an imminentthreat of child abuse or neglect. The bill requires relatives seeking to receive Foster Care Prevention program payments to enter intoan agreement with the local department and Department of Social Servicesthat describes the manner in which payments will be provided and establishes the amount of such payments. The bill requires the juvenileand domestic relations court, in any custody case involving the FosterCare Prevention program wherein a relative is awarded custody ofa child, to establish the timelines of the custody order and allowsthe court to order the local department to provide case managementservices.

Assault and battery; persons diagnosed withautism spectrum disorder, intellectual disability, or mental illness;penalties. Provides that any person charged with a simple assaultand battery offense who has been diagnosed by a psychiatrist or clinicalpsychologist with an autism spectrum disorder, an intellectual disability,or mental illness and the violation was caused by or had a directand substantial relationship to the person's disorder or disabilityis guilty of a Class 1 misdemeanor and shall not be subject to mandatoryminimum punishment. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offensesare committed against certain groups of people.

County manager plan of government; independentpolicing auditor. Allows the governing body of any county withthe county manager plan of government (Arlington County) to appointan independent policing auditor. The independent policing auditorshall support any law-enforcement civilian oversight body createdby the governing body and shall have all the powers of the law-enforcementcivilian oversight body, to the extent such powers are delegatedto the independent policing auditor by the oversight body. The independentpolicing auditor shall serve at the pleasure of the governing body.

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Campaign advertisements; independent expenditures; electioneering communications; disclaimer requirements. Broadens the scope of disclaimer requirements for campaign advertisements to include electioneering communications, as defined in the bill, and messages advocating for the passage or defeat of a referendum. The bill also requires an advertisement that is an independent expenditure or expressly advocates for the passage or defeat of a referendum to contain a disclaimer providing the names of the advertisement sponsor's three largest contributors or individuals representing a contributor that is not an individual.

Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644(2015). The amendment provides that the right to marry is a fundamentalright inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to issue marriage licenses,recognize marriages, and treat all marriages equally under the law,regardless of the sex or gender of the parties to the marriage. Religiousorganizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.