Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly. This bill incorporates SB 166 and SB 731 and is identical to HB 158.
Sponsored bills
School principals; incident reports. Requires that school principals report to law enforcement certain enumerated acts that may constitute a misdemeanor offense and report to the parents of any minor student who is the specific object of such act that the incident has been reported to law enforcement. Under current law, principals are required to make such reports only for such acts that may constitute a felony offense. The bill provides, as an exception to the requirement to report any written threats against school personnel while on a school bus, on school property, or at a school-sponsored activity, that a principal is not required but may report to the local law-enforcement agency any such incident committed by a student who has an individualized education plan. This bill incorporates SB 2, SB 287, and SB 613 and is identical to HB 4.
Criminal history background checks; children's residential facilities. Provides that a person who is required to undergo a background check as a condition of employment at a children's residential facility may work at such children's residential facility pending the results of all background check components required by this section provided that (i) the applicant has received qualifying results on the fingerprint-based criminal history background check and (ii) the person is supervised at all times by a person who received qualifying results on a background check conducted in accordance with this section within the past five years. Currently, no person who is required to undergo a background check as a condition of employment at a children's residential facility may work at the children's residential facility until the criminal history background check and a check of the central registry of records of child abuse and neglect investigations maintained by the Department of Social Services are complete.
Public elementary and secondary schools and public school-based early childhood care and education programs; student instruction; masks. Requires, except in the case of the 10 unscheduled remote learning days otherwise permitted by law or in certain cases of student discipline, each school board to offer in-person instruction, as defined in the bill, to each student enrolled in the local school division in a public elementary or secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program. The bill permits, notwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, to elect for such child to not wear a mask while on school property. The bill provides that no parent making such an election shall be required to provide a reason or any certification of the child's health or education status and no student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. The bill clarifies that none of the foregoing provisions shall be construed to affect the authority granted to the Governor to achieve the purposes of relevant emergency services and disaster law with regard to a communicable disease of public health threat.
Exempted vehicles; insurance. Requires motor vehicles, trailers, and semi-trailers exempted from the registration requirement to be covered by motor vehicle insurance; a general liability policy; or an umbrella or excess insurance policy. The bill requires the owner of any such motor vehicle, trailer, or semi-trailer to provide proof of insurance within 30 days when requested by a law-enforcement officer and provides that failure to do so is punishable as a traffic infraction by a fine of $600 to be paid into the Uninsured Motorists Fund.
Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees.The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan.The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth. This bill incorporates SB 397 and is identical to HB 768.
Sales tax exemption; gold, silver, and platinum bullion. Extends the sunset date for the sales tax exemption for gold, silver, and platinum bullion and legal tender coins whose sales price exceeds $1,000 to June 30, 2025. Under current law, the exemption will expire on June 30, 2022.
Virginia National Guard; institutions of higher education; tuition grants. Adds parameters around grants distributed by the Department of Military Affairs (the Department) to members of the Virginia National Guard who are enrolled in any course or program at any public institution of higher education or accredited nonprofit private institution of higher education. The bill provides that an application for a grant shall be made to the Department no later than 30 days prior to the beginning of an academic semester. The bill provides that the Department shall determine whether an applicant is eligible for the grant and communicate acceptance and any additional requirements determined by the Department in writing no later than 30 days after receipt of an application. The bill requires individuals who are eligible for such grants to satisfy all financial obligations with the institution and provide written proof of acceptable academic performance and good standing for the current term no later than 30 days following the end of a term or semester. The bill provides that individuals receiving grants pursuant to the bill incur a single two-year service obligation to the Virginia National Guard and that this two-year obligation commences on the last day of the last term or semester for which tuition assistance was awarded. The bill provides that grants shall be subject to limitation based on the amount of funds appropriated for such purpose and that if applications for grants exceed the amount of funding appropriated, the Department shall issue grants to eligible recipients based on the order in which applications were received.
Land use valuation for real estate devoted to forest use; creation of Forest Sustainability Fund. Creates the Forest Sustainability Fund, to be administered by the State Forester. Localities that have adopted a use value assessment and taxation program for real estate devoted to forest use are eligible to apply for an allocation from the Fund. Awards are proportionally based upon the amount of revenue forgone in the previous fiscal year by localities due to the use value program. This bill is identical to HB 180.
Academic year Governor's Schools; certain practices prohibited and permitted. Prohibits any academic year Governor's School or governing board member, director, administrator, or employee thereof from (i) discriminating against or granting preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin; (ii) engaging in proxy discrimination, as defined in the bill, in student admissions; or (iii) seeking information on students' race, sex, color, ethnicity, or national origin during the application process for admission to such school unless expressly required by federal law, and to the extent it is required by federal law, the bill requires such information to be withheld to the maximum extent practicable from any individual involved in admissions decisions to the end that admissions decisions are blind as to the applicants' race, sex, color, ethnicity, and national origin. The bill permits any academic year Governor's School or governing board member, director, administrator, or employee thereof to use traditional academic success factors, as defined in the bill, in student admissions and provides that such use presumptively does not constitute proxy discrimination. The bill also contains provisions relating to evidentiary burdens of proof in certain causes of action involving such proxy discrimination or traditional academic success factors. The bill requires each local school board that jointly manages and controls a regional academic year Governor's school to collaborate to ensure that each public middle school that is eligible to send students to attend such Governor's school offers coursework, curriculum, and instruction that is comparable in content and in rigor in order to provide each student in each such middle school with the opportunity to gain admission to and excel academically at such Governor's school.