Appointment of receiver for waterworks; public waterworks. Allows the Commissioner of Health to petition the circuit court for the jurisdiction in which any public or private waterworks is located for the appointment of a receiver for such waterworks. Currently such appointment of receivership is only for private waterworks.
Criminal cases; prosecutorial misconduct; reasonable costs and attorney fees. Entitles a defendant to recover reasonable costs and attorney fees when a criminal case against him is dismissed and it is discovered that prosecutorial misconduct was present or an abuse of process occurred in such case.
Local license taxes; authority to exempt; businesses regulated by boards within the Department of Health Professions. Authorizes localities to exempt any businesses, trades, professions, and occupations regulated by boards within the Department of Health Professions from the license tax.
Dangerous dogs; deferred adjudication; waiver of appeal. Provides that an owner waives the right to appeal any adjudication that an animal is a dangerous dog if the owner (i) consents to, and is granted by the trial court, a deferral of proceedings and (ii) fails to fulfill the conditions as specified by the court. The bill requires the trial court, prior to granting a deferral of proceedings, to notify the owner that he would be waiving such right.
Hunting within certain areas of Monroe Bay prohibited; Westmoreland County. Makes it unlawful for any person to take, attempt to take, or pursue wildlife within the waters and shoreline of Monroe Bay in Westmoreland County, except when fishing.
Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.
Solicitation of contributions; enforcement; private right of action. Creates a private right of action for contributing individuals who were aggrieved by the actions of any charitable or civic organization, commercial co-venturer, professional fund-raising counsel, or professional solicitor that violated any provision of law relating to the solicitation of contributions. The bill provides that such individuals may initiate an action to recover (i) actual damages or $500, whichever is greater; (ii) reasonable costs; and (iii) attorney fees. The bill also allows the trier of fact to increase damages to an amount not to exceed three times the actual damages sustained or $1,000, whichever is greater, if it finds that the violation was willful.
Board of Wildlife Resources; early special deer muzzleloading season; hunting with dogs. Directs the Board of Wildlife Resources to prescribe an early muzzleloading season to hunt deer that is no less than three weeks in duration and provides that no person shall hunt any game or nuisance species with dogs during the three-week period following such early muzzleloading season.
Electric utilities; customer bill requirements; rate adjustment clauses. Requires Appalachian Power and Dominion Energy Virginia to provide a list on each residential customer bill of each rate adjustment clause applicable to such bill and the corresponding amount due as a result of such rate adjustment clause. The bill requires each utility to maintain on its publicly accessible website certain additional information relating to rate adjustment clauses.
Localities; liability insurance; certain waiver of sovereign immunity. Provides that a locality or political subdivision may provide liability insurance, including self-insurance, to cover damages or other expenses in certain civil actions arising out of an act or omission of certain officers, employees, board or commission members, or volunteers while such person is acting within the scope of his official duties. The bill provides that the provision of such liability insurance or self-insurance shall constitute a waiver of sovereign immunity in an amount not to exceed the combined total of any self-insurance coverage, insurance coverage under a group self-insurance pool, or any coverage pursuant to a policy purchased from an insurance company, including any excess or reserve coverage. The bill also provides that the insurer or self-insured shall not have a duty to defend or indemnify any covered person in cases where the act or omission took place outside the scope of such covered person's employment or official duties, where such act or omission was done maliciously or occurred as a result of gross negligence or willful misconduct, or is otherwise excluded by the terms of the policy.
Duty of care and liability of landowner; injury or death of person operating off-road motorcycle. Provides that a landowner, defined in the bill, owes no duty of care to another person (i) who operates an off-road motorcycle, defined in the bill, on such landowner's land or (ii) to whom the landowner has provided an off-road motorcycle for use on such landowner's land, regardless of whether such landowner has given such person permission or has received a fee from such other person to use the land or off-road motorcycle for such purpose. The bill immunizes the landowner from civil liability for any injury or death arising from the operation of an off-road motorcycle on the landowner's land except in cases of gross negligence or willful or malicious failure to guard or warn against a dangerous condition, provision of an off-road motorcycle that such landowner knew was unsafe to the extent that operation of such off-road motorcycle would likely result in an injury, or other act or omission resulting from gross negligence or willful misconduct.
Campaign finance; contribution limits and public campaign financing; counties and cities may establish for certain offices. Authorizes the governing body of a county or city to establish by ordinance limits on contributions to candidates for elected local offices and a system of public campaign financing for elected local offices. The bill specifies certain requirements for a system of public campaign financing established by a governing body, including the provision of the necessary funding and staff for such system and the provision of a public election fund to be administered by the treasurer of the county or city. A system of public campaign financing established under the provisions of the bill by a county or city is permitted to more stringently regulate the campaign finance activity of participating candidates and shall be subject to regulation and oversight by the State Board of Elections to ensure its conformity with state law and policy to the extent practicable.
