Skip to main content
Request Appointment
Career Opportunities Contact SEARCH

2022年7月1日生效的弗吉尼亚州新法律以及其他拟议法案的要点

June 30, 2022

Unlike last year when one party controlled the Senate, House and Governorship, 今年任何法案要通过成为法律,都需要两党达成一致. Virginia has over 700 new laws. 841 bills were sent to the Governor. 那些没有得到州长批准的要么被否决,要么被送回进一步研究. Most new laws take effect on July 1, 2022.

本摘要重点介绍了一些新法律,并简要列出了提出但尚未成为法律的法案. They have been grouped for easy reference. If you have special interest in any law, 您可以通过搜索账单号码来阅读全文,或者咨询律师以了解是否适用于您的情况.

NEW VIRGINIA LAWS EFFECTIVE JULY 1, 2022

BALANCE OF POWER--LIMITATION ON GUBERNATORIAL AUTHORITY

总督根据《紧急亚洲博彩平台排名和灾害法》赋予的权力发布的任何行政命令以45天为限 from the date of issuance. If the General Assembly does not take action on the rule, regulation, or order within the 45 days, 总督不得就同一紧急情况发布或延长同一或类似的规例. 这大大缩短了以前的时限,即直到大会下届常会之后的6月30日. (HB 158/S B4)

CANNABIS

This law removes the Board of Pharmacy patient registration requirement for medical cannabis 这也免去了从董事会获得许可证的等待,并避免了50美元的申请费. 患者仍然必须获得医疗保健机构提供的医用大麻书面证明. (HB 933/SB 671)

CONSUMER LAW

The Virginia Consumer Protection Act is expanded to require that suppliers of automatic renewals or continuous service offers using online websites must make available a conspicuous online option to cancel. (HB 78)

CORRECTIONS FACILITIES

公共安全和国土安全部部长被指示召集一个工作小组进行研究 inmate work release programs. The report must be completed and submitted to the Secretary of Public Safety and Homeland Security and Chairmen of House Committee for Courts of Justice, House Committee on Public Safety, Senate Committee on Rehabilitation and Social Services, and Senate Committee on the Judiciary by December 1, 2022. (HB 170)

授权青少年司法部门建立 Juvenile Boot Camps 法院命令少年罪犯参加这样的训练营的能力被取消了. (HB 228/SB5 46)

CRIMINAL

There is now a ban on police and sheriff’s departments requiring a specific number of tickets and arrests from their officers. Further, 开具罚单、传票的次数不得作为审查执法工作成绩的唯一标准. (SB 327)

Willfully breaking or removing any part of a vehicle, aircraft, boat, or vessel to prevent its operation and specifically removing a catalytic converter is a Class 6 felony. 废金属采购商须将购买催化转化器的记录保存两年. (HB 740/ SB 729)

It is a Class 1 misdemeanor for an agent to use a Power of Attorney to financially exploit an incapacitated adult. Upon conviction, the agent’s authority terminates. (HB 497/SB 124)

裁判官必须在24小时内传送一份核对表副本 联邦检察官对被捕人员的保释决定 on a warrant or capias for an act of violence. (HB 756/SB 614)

A new law creates a four-level earned credit system 该法案允许被监禁的重罪犯每服刑30天最多减刑15天. The bill also allows parole boards to consider early release for terminally ill felons if their offenses were not one of the exceptions to eligibility. (SB 5034)

EDUCATION & SCHOOLS

Effective March 1st, 2022, public schools are required to offer in-person learning 至少达到最低要求的年度教学时数. 家长可以选择让孩子在学校不戴口罩 and are not required to state a reason for the choice.  This law does not override the governor’s authority regarding emergency services and disaster law in response to a communicable disease of public health. (HB 1272/SB 739)

弗吉尼亚教育委员会必须在7月31日前制定出相关政策, 2022年,该法案将确保“任何包含露骨性内容的教学材料都要通知家长”. 当地学校董事会必须在2023年1月1日前制定政策 parental notification if books or other assigned materials contain sexually explicit content and provide an alternative option.” (SB 656) 

The Board of Education’s licensure regulations must provide for 为现役军人或预备役军人的配偶颁发的互惠许可证 who has obtained a valid out-of-state license.  The bill requires the applicant to submit an official copy of the military permanent assignment orders of the spouse as part of the application process. 接受通知必须在收到完整的申请材料后的15个工作日内发出. (HB 230/SB 154) 

James Madison University (JMU) and Virginia Polytechnic Institute and State University (VA Tech)被授权为产生收入的资本项目发行高达100,869,000美元的债券. (HB 165)

School principals must report certain misdemeanor offenses to police and to the parents. 这与以前只报告重罪的要求不同,主要关注暴力行为的威胁. (HB 4/SB 36)

The School Health Services Committee was established to review and provide advice to the General Assembly and other policy makers regarding proposals that require local school boards to offer certain health services at school. The report must be submitted by October of each year. The bill expires on July 1, 2025. (HB 215/SB 62)

This bill requires that schools have detailed safety audit plans. (HB 741) 

ELECTIONS

The Department of Elections 必须建立确定和报告缺席选票的标准吗. 总登记员必须报告缺席选票的数目和结果. (SB 3)

国家生命记录登记员必须将 Elections 每周的遗属名单,用以保存合格选民名单. (HB 55/SB 211)

Sponsors who violate political campaign advertisement disclosure 有广告或竞选电话的法律将被处以不超过25美元的民事罚款,000. (HB 125)

State and local elections officials are prohibited from accepting certain gifts and funding 由私人或非政府实体为选民教育和推广项目提供资金. (HB 205)

FOOD/ALCOHOL

Sales of to-go cocktails and alcohol for consumption off premises has been extended until 2024. (HB 426/SB 254)

The Commonwealth is authorized to issue a new mixed beverage casino license 包括允许向顾客赠送酒精饮料吗. (HB 455)

The amount of alcohol someone can bring into Virginia 来自另一个州的汽油从一加仑增加到三加仑. (SB 325)

HEALTHCARE

Physician Assistants 被任命为法医的人不再需要成为病人护理小组的一员. For hospice program licensing, 该法案增加了临终关怀人员的医师助理,他们可能是医学指导的跨学科团队的一部分. The bill also permits physician assistants working in the field of orthopedics as part of a patient care team to utilize fluoroscopy for guidance of diagnostic and therapeutic procedures. (HB 145)

The requirement that a prescriber registered with the Prescription Monitoring Program 在开始一个新的治疗过程时,从该计划请求有关患者的信息,包括 opioids 连续7天以上的已延长5年. (HB 192)

Certain chemicals have been added to the Drug Control Act 通过一个快速的监管程序.  Substances added via this process will be removed from the schedule after 18 months unless a general law is enacted adding the substance to the schedule.  (HB 193/SB 759)

The Board of Optometry must establish criteria for certification to perform permitted laser surgeries and require optometrists to register annually with the Board to report disciplinary action and malpractice matters. 如获委员会正式核证,视光师可执行某些类型的 laser surgery of the eye. (HB 213/SB 375) 

Volunteer audiologists who hold an unrestricted license in another state may volunteer to provide free health care to an underserved area of the Commonwealth under the auspices of a publicly supported nonprofit organization for not more than three consecutive days. (HB 84)

卫生和人力澳门亚洲博彩平台排名部长必须对 oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings under a single state agency to improve efficiency and effectiveness of regulation and oversight to provide better transparency for members of the public. (HB 234)

A nurse practitioner who does not prescribe controlled substances or devices may practice in his/her category in which he/her is certified and licensed without a written practice agreement. 开受管制药物或器械的执业护士必须咨询有执照的医生. (HB 285)

An autonomous nurse practitioner may declare death and determine cause of death. 该法案取消了对死亡病人有效的“禁止复苏令”的要求. (HB 286)

Home care organizations’ 许可证的续期要求已由每年一次增加到每三年一次. The Department of Health may not require home care organizations to submit financial documents other than those required for initial licensure. (HB 93)

金融机构必须配合社会亚洲博彩平台排名机构的任何调查 alleged adult abuse, neglect, or exploitation conducted by a local department of social services. (HB 95)

MILIARTY, VETERANS & HUNTING 

Hunting on Sunday 在公共和私人土地上,只要距离宗教场所至少200码,都是允许的. (SB 8)

Special hunting and fishing licenses for veterans who have a service-connected disability of at least 30 percent may receive at no cost or a reduced cost depending on the veteran’s disability rating, a lifetime license to hunt and freshwater fish. This is a change from prior law that offered such license at no cost to a veteran who is totally and permanently disabled and at half-cost to a veteran who is 70 percent disabled. (HB 120)

A disabled veteran special license plate may be transferred, upon the death of the disabled veteran, to his/her surviving spouse who has not remarried. (HB 40)

The number of days a member of the armed services, reserves, National Guard, Virginia Defense Force, or National Defense Executive Reserve shall be entitled to paid leave for military duties is increased from 15 to 21. 这只适用于联邦或联邦分支机构雇用的个人. (HB 231)

NATURE 

流经纳尔逊和阿波马托克斯县的詹姆斯河的另外37英里部分现在被添加到 Virginia Scenic Rivers System. (HB 49)

This bill provides the right to propagate shellfish by any legal means. (HB 189/SB 509)

RACE

Expiration of the 研究奴隶制和随后在法律上和事实上对非裔美国人的种族和经济歧视委员会 has been extended from July 1, 2022 to July 1, 2024. (HB 139/SB 151)

Historical African American cemeteries 以前只有1900年1月1日之前的墓地才有资格获得拨款保护基金. That date requirement was previously prior to January 1, 1948. (HB 140/SB 477) 

Governor’s Schools and their board members, directors, administrators, 禁止员工基于种族歧视任何个人或群体, sex, color, ethnicity, or national origin in the process of admitting students. Each local school board that controls a Governor’s school must collaborate to ensure that every public middle school that is eligible to send students to the Governor’s school offers coursework, curriculum, and instruction comparable in content and rigor in order to provide each student with an opportunity to gain admission to and excel academically at the Governor’s school. (HB 127)

The 弗吉尼亚黑人、土著和有色人种历史保护基金 是为了向符合条件的州承认和联邦承认的印第安部落发放补助金而设立的吗, private nonprofit organizations, and localities for the eligible costs of acquiring land or permanent protective interest and undertaking preservation activities on the land that is of cultural or historic significance. (HB 141/SB 158)

REAL PROPERTY

Extension of land use approvals that were valid and outstanding as of July 1, 2020 were previously extended to July 1, 2022 to address the COVID-19 crisis. That extension has now been moved to July 1, 2023. 该法案明确规定,不应将其解释为延长其他新冠肺炎住房救济计划. (HB 272)

Recovery residences (rehab facilities) are required to be certified by the Department of Behavioral Health and Developmental Services and they must comply with minimum square footage requirements related to beds and sleeping rooms. 每个经营康复之家的人都必须向潜在的居民披露其认证实体. 行为健康和发展亚洲博彩平台排名部必须在其网站上保留一份康复住所的名单. (HB 277/SB 622)

Real Estate licensees (agents/brokers) must disclose ownership interest in any property of discussion. Owners of residential dwellings with actual knowledge of a lis pendens (notice of a lawsuit regarding real property) filed against the dwelling must provide a written disclosure to prospective purchasers. (HB 281/SB 311)

房地产委员会必须颁布规定,要求并提供两小时的工作时间 continuing education on fair housing or appraisal bias. This bill has a delayed effective date of July 1, 2023. (HB 606)

SECOND AMENDMENT/FIREARMS

Penalty for a first violation of carrying a concealed weapon 已由一级轻罪减为不超过100元的民事罚款. A second violation is reduced from a Class 6 felony to a civil penalty of not more than $500 and a third or subsequent violation from a Class 5 felony to a civil penalty of not more than $1,000. 被控犯有这些罪行的人可在法庭聆讯前申请许可证, if issued, 可否将其呈交给法官,以便法院撤销指控. (HB 597)

SEX & HUMAN TRAFFICKING

The Department of Criminal Justice Service shall develop an online course to train hotel proprietors and their employees to recognize and report instances of suspected human trafficking. 在线或面对面的课程对所有酒店员工都是强制性的,并免费提供给他们. This bill has a delayed effective date of January 1, 2023. (HB 258)

The Department of Criminal Justice Services must establish training standards for law-enforcement personnel regarding the recognition, prevention, and reporting of human trafficking. (HB 283/SB 467)

VIRGINIA FREEDOM OF INFORMATION (FOIA)  

Local public bodies subject to FOIA must post meeting minutes on their official public government website if any, within seven working days of final approval of the minutes. 如果没有网站,必须在显眼的公共场所提供副本. (HB 150)

MISCELLANEOUS

This bill modernizes the DNA data bank 通过替换代码中的某些引用来示例跟踪系统. (HB 748/SB 150)

This bill terminates the Town of St. Charles in Lee County. (HB 83/SB 589)

The Town of Ivor has been added to the list of towns that may authorize the operation of golf carts and utility vehicles on designated public highways despite not having established its own police departments. (HB 88)

BILLS PROPOSED BUT NOT PASSED INTO LAW

ABORTION

医生和执业护士必须遵循一定的程序来影响孕妇的健康 informed written consent before performing an abortion. This bill was passed by the House but not the Senate. (HB 212)

执业护士从可以进行妊娠早期流产的人员名单中删除.  任何明知堕胎手术只是出于某种原因而实施堕胎的人 genetic disorder, gender, or ethnicity of the unborn child is guilty of a Class 4 felony. This bill was left in committee.  (HB 983)

CANNABIS   

A regulatory and licensing structure 建立大麻种植、生产、零售、批发市场. 这一过程将由弗吉尼亚州大麻管制局管理. This bill was left in committee. (HB 430)

CRIMINAL

Just a year after the abolishment of capital punishment, this bill would bring back the death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. In March 2021 Virginia became the 23rd state (and first Southern state) to abolish the death penalty. The bill remains in committee. (HB 661/ SB 379)

如果一个人因过失杀人罪被判有孩子的成年人 driving a motor vehicle or boat while intoxicated, 子女的监护人可向法院提出申请,要求被告支付子女抚养费,作为判刑的一部分. This bill was left in committee. This bill was left in committee. (HB 686)

A person selling, 提供或分发含有两毫克或更多的含有可检测量的任何混合物的物质 fentanyl 在其他人不知道该物质含有芬太尼的情况下犯有二级谋杀未遂罪. If the recipient dies as a result, the person who sold, gave or distributed it is guilty of murder of the second degree. This bill passed through the House but not the Senate. (HB 1356)

ELECTIONS

A registered voter must provide a reason for being absent or unable to vote at his regular polling place on election day in order to receive an absentee ballot. The permanent absentee voter list is repealed. The limit for absentee voting by someone with a disability or illness is one year. This bill is still in committee in the House. (HB 35)

FOOD/DRINK

Sales tax on food 购买供人类消费和基本个人卫生用品免征销售税. 该法案在众议院获得通过,在参议院被否决,并被否决 continued to special session. (HB 90)

MILITARY/VETERANS

Current members of the United States Armed Forces are not required to obtain a concealed handgun permit in order to carry a concealed weapon. This bill is still in the House committee. (HB 417)

SECOND AMENDMENT/FIREARMS

Fees for processing or issuing an application for a resident handgun permit, 包括书记员与执法机构咨询的费用, have been eliminated. This bill was left in the House committee. (HB 10)

禁止任何非持牌枪械经销商 purchase more than one handgun in a 30-day period has been removed. This bill was left in the House committee. (HB 14)

The prohibition on the carrying of dangerous weapons in a place of worship 在为宗教目的而举行的会议没有充分理由而被取消. This bill was left in the House committee. (HB 23)

律师或者执法人员申请刑事诉讼的程序 emergency substantial risk order 禁止对自己或他人有重大伤害危险的人购买, possessing, or transporting a firearm has been repealed. This bill also removes the substantial risk order registry. 该法案在众议院获得通过,并留在参议院委员会. (HB 509)

Persons subject to a protective order may continue to possess any firearm while in their home. 该法案取消了受到保护令的人必须在24小时内交出枪支的要求. The bill was left in the House committee. (HB 1051)

Anyone possessing a firearm in a residence with a minor 必须将未装子弹的枪支储存在上锁的容器内,而将弹药储存在另一个上锁的容器内. 容器的钥匙或组合必须是未成年人无法获得的. This bill was left in the House committee. (HB 590)

PATERNITY & MINOR PROSTITUTION

An alleged father of a child must be informed of his option to request a genetic test prior to being named the father on a birth certificate. A person relieved of paternity who previously paid support pursuant to a child support order in conjunction with the set-aside paternity determination may file an action against the other party for repayment of support paid.  This bill was left in the House committee. (HB 1077)

A minor engaged in prostitution 不会被当作违法者处理,但会被转介到当地社会亚洲博彩平台排名部门进行评估和亚洲博彩平台排名. This bill was left in the House committee. (HB 413)

Kathryn Byler is a Pender & Coward attorney focusing her practice on real estate, business, guardianships, and estate planning matters.

 

Filed Under: Other Topics