Sen. Jennifer L McClellan

Department of Human Resource Management, alternative application for employment for persons with a disability. Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process. The bill directs the Department of Human Resource Management to develop and disseminate a policy to implement the provisions of the bill.

State Air Pollution Control Board; low-emissions and zero-emissions vehicle program. Directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles with a model year of 2025 and later. Regulations adopted by the Board to implement the program are exempt from the Administrative Process Act and shall not become effective prior to January 1, 2024. The bill also authorizes the State Corporation Commission to exclude sales related to such vehicles from certain energy efficiency calculations.

State plan for medical assistance; payment of medical assistance; 12-month supply of hormonal contraceptives. Directs the Board of Medical Assistance Services to include in the state plan for medical assistance a provision for the payment of medical assistance for the dispensing or furnishing of up to a 12-month supply of hormonal contraceptives at one time for Medicaid and Family Access to Medical Insurance Security (FAMIS) enrollees. The bill prohibits the Department of Medical Assistance Services from imposing any utilization controls or other forms of medical management limiting the supply of hormonal contraceptives that may be dispensed or furnished to an amount less than a 12-month supply. The bill provides that the bill shall not be construed to (i) require a provider to prescribe, dispense, or furnish a 12-month supply of self-administered hormonal contraceptives at one time or (ii) exclude coverage for hormonal contraceptives as prescribed by a prescriber, acting within his scope of practice, for reasons other than contraceptive purposes.

Housing Bill of Rights; housing protections; foreclosures; manufactured housing. Provides for various protections for homeowners and tenants of manufactured home parks, including (i) restricting the circumstances under which a court may order a person's primary residence to be sold to enforce a judgment lien; (ii) requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing; (iii) requiring the Director of Housing and Community Development to develop a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act; (iv) prohibiting a trustee from selling a property in a foreclosure sale without receiving an affidavit signed by the party that provided the notice confirming the notice was sent to the owner, with a copy of such notice attached to the affidavit; (v) increasing the notice period for a foreclosure sale from 14 to 60 days and requiring such notice to provide the grantor with information regarding housing counseling; and (vi) requiring the landlord of a manufactured home park to provide tenants who own their manufactured home information about housing assistance and legal aid organizations. The bill also requires the Department of Housing and Community Development to convene a stakeholder group to assist in the development of the statement of tenant rights and responsibilities. The provisions of the bill related to the specifics of the notice that is required before a trustee can sell a property in a foreclosure sale has a delayed effective date of October 1, 2021.

Public institutions of higher education; certain students; financial assistance programs Provides that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia, the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition. The bill has a delayed effective date of August 1, 2022, and directs the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the bill.

Department of Education; guidelines on excused student absences; civic engagement. Requires, subject to guidelines established by the Department of Education, each local school board to permit at least one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event. The bill allows local school boards to require that a student provide advance notice of the intended absence and documentation of participation in a civic event to be granted an excused absence.

Pretrial data collection. Requires the VirginiaCriminal Sentencing Commission to collect and disseminate, on an annualbasis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a termof imprisonment. The bill provides that any personal or case identifyinginformation within the data shall not be subject to the Virginia Freedom of Information Act and shall not be made publicly available.The bill does not require that the Virginia Criminal Sentencing Commissionsubmit such annual report prior to December 1, 2022. Additionally,the bill requires the Virginia State Crime Commission to providethe Virginia Criminal Sentencing Commission with the final datasetof all adults charged with a criminal offense punishable by confinementin jail or a term of imprisonment as of October 2017 and that theVirginia Criminal Sentencing Commission make such statewide and locality-leveldata publicly available on a website established and maintained bythe Virginia Criminal Sentencing Commission as (i) an electronic dataset, excluding any personal and case identifying information, that maybe downloaded by members of the public and (ii) an electronic interactivedata dashboard tool that displays aggregated data based on characteristicsor indicators selected by the user, by October 1, 2021. This billis a recommendation of the Virginia State Crime Commission.

Essential health benefits; abortion coverage.Removes the prohibition on the provision of coverage for abortionsin any qualified health insurance plan that is sold or offered forsale through a health benefits exchange established or operatingin Virginia.

Pretrial data collection. Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. The bill provides that any personal or case identifying information within the data shall not be subject to the Virginia Freedom of Information Act and shall not be made publicly available. The bill provides that the Virginia Criminal Sentencing Commission shall not be required to submit such annual report prior to December 1, 2022. Additionally, the bill requires the Virginia State Crime Commission to provide the Virginia Criminal Sentencing Commission with the final dataset of all adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment in October 2017 and that the Virginia Criminal Sentencing Commission make such statewide and locality-level data publicly available on a website established and maintained by the Virginia Criminal Sentencing Commission as (i) an electronic dataset, excluding any personal and case identifying information, that may be downloaded by members of the public by October 1, 2021, and (ii) an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user, by December 1, 2022. As introduced, this bill was a recommendation of the Virginia State Crime Commission. The bill incorporates HB 1945.

Housing Bill of Rights; housing protections; foreclosures; manufactured housing. Provides for various protections for homeowners and tenants of manufactured home parks, including (i) restricting the circumstances under which a court may order a person's primary residence to be sold to enforce a judgment lien; (ii) requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing; (iii) requiring the Director of Housing and Community Development to develop a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act; (iv) prohibiting a trustee from selling a property in a foreclosure sale without receiving an affidavit signed by the party that provided the notice confirming the notice was sent to the owner, with a copy of such notice attached to the affidavit; (v) increasing the notice period for a foreclosure sale from 14 to 60 days and requiring such notice to provide the grantor with information regarding housing counseling; and (vi) requiring the landlord of a manufactured home park to provide tenants who own their manufactured home information about housing assistance and legal aid organizations. The bill also requires the Department of Housing and Community Development to convene a stakeholder group to assist in the development of the statement of tenant rights and responsibilities. The provisions of the bill related to the specifics of the notice that is required before a trustee can sell a property in a foreclosure sale has a delayed effective date of October 1, 2021.