Virginia Bills

Carrying a firearm or explosive material into a building owned or leased by the Commonwealth; exception for rest areas. Provides that the prohibition on carrying a firearm or explosive material in any building owned or leased by the Commonwealth does not apply to any rest area.

Firearms-related offenses; mandatory minimum sentences; penalty. Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentence for use or display of a firearm during the commission of certain felonies.

Issuing citations; certain traffic offenses and odor of marijuana; exclusion of evidence. Removes provisions prohibiting a law-enforcement officer from stopping a motor vehicle for operating (i) with an expired registration sticker prior to the first day of the fourth month after the original expiration date; (ii) with defective and unsafe equipment; (iii) without tail lights, brake lights, or a supplemental high mount stop light; (iv) without lighted headlights displayed when so required; (v) with certain tinting films, signs, posters, stickers, or decals; (vi) with objects or other equipment suspended so as to obstruct the driver's view; or (vii) with an expired inspection prior to the first day of the fourth month after the original expiration date, as well as the accompanying exclusionary provisions. The bill also authorizes a law-enforcement officer to lawfully stop, search, or seize a person, place, or thing or a search warrant to be issued based solely on the odor of marijuana if such odor creates a reasonable suspicion of a violation of the law prohibiting driving while intoxicated.

Forfeiture of certain weapons; petition for return by Commonwealth. Permits the attorney for the Commonwealth to petition a court for the return of a weapon to its lawful owner where such weapon was used by any person in the commission of a criminal offense and forfeited to the Commonwealth by order of the court.

Local authority on requiring water consumption in zoning ordinance; industrial and commercial facilities. Authorizes a locality to include in its zoning ordinance provisions for (i) requiring proposed industrial and commercial facilities to submit water consumption estimates and (ii) considering water consumption from public resources when making rezoning and special use permit decisions related to such facilities.

Data centers; industrial zoning. Requires a locality to review and amend its zoning ordinance to (i) designate data centers as industrial uses for zoning purposes; (ii) review the locations of zones allowing data centers by right, and adjust the zoning map, if needed, considering proximity to residential areas; (iii) review the minimum requirements in the zoning ordinance, such as setbacks and building heights, for the purpose of mitigating negative impacts on residential or other sensitive areas and consider adding requirements specific to data centers as needed; (iv) identify optimal areas for data center development in the locality, including locations that are suitable from the locality's perspective as well as the industry's perspective; (v) consider zoning ordinance changes to reduce the likelihood of noisy data centers, including through limiting allowable locations and requiring sound modeling, and prohibit the constant low-frequency noise of data centers from reaching residential areas; and (vi) require commitments from data centers making zoning requests to sufficiently mitigate negative impacts on any nearby residential areas. The provisions of the bill shall apply only to localities where data centers are already addressed in the locality's zoning ordinance or where a locality is revising its zoning ordinance to include data centers. This bill was incorporated into HB 153.

Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a concealed handgun permit to carry a concealed handgun without a permit anywhere he may lawfully carry a handgun openly within the Commonwealth.

Charter; Town of Rocky Mount. Provides a new charter for the Town of Rocky Mount in Franklin County and repeals the town's current charter, which was enacted in 2000. The charter contains powers typically granted to towns. An untypical provision in the new charter includes term limits for members of town council.

Zoning; manufactured housing. Amends existing provisions that require localities to permit manufactured housing in areas zoned for agriculture by expanding such requirement to all zoning districts where site-built housing is allowed. The bill provides that manufactured housing shall be subject to development standards that are equivalent to those applicable to site-built single-family dwellings but that such standards shall not have the effect of excluding manufactured housing. The bill also removes the authority of localities without a zoning ordinance to designate the areas within the locality in which manufactured housing may be located. This bill was incorporated into HB 655.

Emergency and temporary detention transportation. Clarifies that the term "law-enforcement officer" as used in relevant law relating to emergency and involuntary civil transportation includes retired law-enforcement officers, defined in the bill, for the purposes of laws related to emergency custody and involuntary temporary detention. The bill also permits an alternative transportation provider to provide transportation of a person in the temporary detention process in a safe manner if the alternative transportation provider is (i) an employee of, or the person providing services pursuant to a contract with, the Department of Behavioral Health and Developmental Services or (ii) an employee of a private or state hospital within the confines of the Commonwealth. This bill was incorporated into SB 75.

A BILL to amend and reenact §§ 2.2-2499.8, 3.2-4113, 4.1-352, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-607, 4.1-611, 4.1-614, 4.1-621, 4.1-1100, 4.1-1101, 4.1-1121, 4.1-1500, 4.1-1501, 4.1-1502, 4.1-1601, 4.1-1604, 5.1-13, 9.1-1101, 16.1-69.40:1, 16.1-260, 16.1-273, 16.1-278.9, 18.2-46.1, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.012, 18.2-308.4, 18.2-460, 18.2-474.1, 19.2-66, 19.2-81, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-389, as it is currently effective and as it shall become effective, 19.2-389.3, 19.2-392.02, 19.2-392.6, 19.2-392.12:1, 22.1-206, 22.1-277.08, 23.1-1301, 46.2-105.2, 46.2-347, 48-17.1, 53.1-231.2, 54.1-2903, 54.1-3443, 58.1-301, and 59.1-200 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 6 of Title 4.1 sections numbered 4.1-629 and 4.1-630, by adding in Title 4.1 chapters numbered 7 through 10, consisting of sections numbered 4.1-700 through 4.1-1008, by adding sections numbered 4.1-1102 through 4.1-1105, 4.1-1106, 4.1-1113, 4.1-1114, 4.1-1115, 4.1-1117, 4.1-1118, and 4.1-1119, by adding in Title 4.1 a chapter numbered 12, consisting of sections numbered 4.1-1200 through 4.1-1206, by adding in Chapter 13 of Title 4.1 sections numbered 4.1-1300, 4.1-1301, and 4.1-1303 through 4.1-1309, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1403 through 4.1-1406, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and by adding in Chapter 44 of Title 54.1 a section numbered 54.1-4426; and to repeal §§ 4.1-1101.1, 4.1-1105.1, 18.2-248.1, and 18.2-251.1 of the Code of Virginia, relating to cannabis control; retail market; penalties.

Zoning; agricultural operations; rental of accessory dwellings. Provides that no locality shall prohibit the rental for 30 days or more of existing accessory residential dwellings located on property with an agricultural operation. The bill does not apply to areas within a town.