Supporting the Jones Act. Expresses thesense of the General Assembly in supporting the Jones Act.
Board of Pharmacy; cannabis registration. Eliminates the Board of Pharmacy patient registration requirement for medical cannabis. The bill maintains the requirement that patients obtain a written certification from a health care provider to obtain medical cannabis.
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. The bill has a delayed effective date of July 1, 2023.
Commending The Birthplace of America, LLC.
Determination of competency; report to Commissionerof Behavioral Health and Developmental Services. Provides thata copy of the competency report shall be sent to the Commissionerof Behavioral Health and Developmental Services for the purpose of(i) conducting peer review and (ii) monitoring use of forensic assessmentsby the courts and their impact on the defendants and the public.Under current law, copies of such reports are sent to the Commissionerof Behavioral Health and Developmental Services for the purposesof establishing and maintaining the list of approved evaluators.
Breeding dogs for certain research prohibited. Prohibits for two years a person who has received a particular citation from the U.S. Department of Agriculture (USDA) on or after July 1, 2023, from breeding or raising a dog for the purpose of selling or transferring the dog, or its offspring, to an animal research facility outside of the United States, or to an animal research facility located in the United States that will use the dog for testing or research not required by federal law or regulation. The bill allows a person who has received such a USDA citation to offer a dog or cat in his possession for release or adoption in certain circumstances. The provisions of the bill do not become effective unless reenacted by the 2023 Session of the General Assembly.
Sealing of offenses resulting in a deferredand dismissed disposition or conviction by petition; defendant witha disorder or disability. Provides that a defendant with a disorderor disability, as defined in the bill, may file a petition that requeststhe sealing of the criminal history record information and courtrecords of a Class 4 felony conviction or deferred and dismisseddisposition. Under current law, Class 4 felony convictions or deferredand dismissed dispositions are ineligible to be sealed.
Study; Joint Commission on Health Care to studyeating disorders in the Commonwealth; report. Directs the JointCommission on Health Care to study eating disorders in the Commonwealth.In conducting its study, the Joint Commission on Health Care shall(i) determine the incidence of diagnosed eating disorders in Virginia;(ii) assess the adequacy of eating disorder training provided topublic school educators; (iii) evaluate the adequacy of the curriculumrelating to eating disorders in Virginia's medical and nursing schoolsand continuing education requirements for Virginia medical professionals;(iv) determine strategies by which Virginia can increase awarenessof eating disorders, including their symptoms, effects, and preventiveinterventions; (v) assess the cost of treatment incurred by patientswith eating disorders borne by the Commonwealth's Medicaid programas well as by private health plans and employers; (vi) assess issuesconcerning access to care for eating disorders within the Commonwealth;(vii) generate recommendations for improving education, prevention,early detection, and treatment of eating disorders in Virginia andestimate the fiscal impact on the Commonwealth and private payersfor the implementation of such strategies; and (viii) consider, asthe Commission may identify, such other issues related to the objectivesof this study. The Commission must submit its findings and recommendationsto the 2023 Session of the General Assembly.
Commending the Brentsville District High Schoolturf management program.
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.
Sealing of offenses resulting in a deferredand dismissed disposition or conviction. Provides that a personshall not pay any fees or costs for filing a sealing criminalrecords petition. Under current law, a person is required to filean indigence petition for any fees or costs to be waived. The billalso eliminates the lifetime cap on the number of sealing petitionsthat may be filed. The bill reduces from seven years to three yearsfor a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense tobe sealed and the filing of the sealing petition during which thepetitioner must not have been convicted of violating any law of theCommonwealth. The bill also adds convictions for (i) failure to paychild support, (ii) driving without a license, (iii) driving witha suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automaticsealing. The bill also specifies that the sealing of records relatedto a conviction includes sealing any criminal history record informationand court records related to any violation of the terms and conditionsof a suspended sentence or probation for such conviction.
Study; JLARC; election governance structure; report. Directs the Joint Legislative Audit and Review Commission to conduct a two-year study on the election governance structure in the Commonwealth. In conducting its study, JLARC shall (i) review the roles and responsibilities of state and local election officials in the administration and conduct of elections in the Commonwealth, including the level of oversight by state election officials and the degree of decision-making by local election officials; (ii) review the methods of selection and removal of state and local election officials and evaluate how such methods shape accountability mechanisms; (iii) review the level of funding provided by the state and localities; (iv) evaluate the potential for partisan pressures and influence in administrative decisions at the state and local election level; (v) develop recommendations for objective methods of evaluating the performance of both local and state election officers to determine if they are appropriately fulfilling the responsibilities of their positions and whether removal may be necessary; and (vi) make other recommendations as necessary and review other issues as warranted.
