Virginia Freedom of Information Act; definition of "caregiver"; remote participation in meetings by persons with disabilities and caregivers; remote voting. Provides that for purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability or a caregiver, defined in the bill, and uses remote participation counts toward the quorum as if the individual was physically present. The bill also provides that the participation policy adopted by a public body, as required by the Virginia Freedom of Information Act, shall not prohibit or restrict any individual member of a public body who is participating in an all-virtual meeting or who is using remote participation from voting on matters before the public body. As introduced, the bill was a recommendation of the Virginia Freedom of Information Advisory Council.

Organized retail theft; repeal. Repeals the crime of organized retail theft and the Organized Retail Crime Fund.

Motor vehicle rental and peer-to-peer vehicle sharing tax; disposition. Redirects revenues derived from motor vehicle rental and peer-to-peer vehicle sharing taxes from the Commonwealth Transportation Fund to the Special Fund for Administration of Aviation Laws, to be used for the administration of aviation laws and the construction, maintenance, and improvement of airports.

Cumberlands Airport Commission. Establishes a new charter for the Cumberlands Airport Commission and repeals the current charter, which was created in 1958. The proposed charter sets out the organization of the Commission and contains powers and duties typically granted for authorities. The bill also removes the Town of Lebanon and the Counties of Lee and Russell from the Commission.

Elections; form of ballot; party identification of candidates; constitutional offices. Provides that any candidate for a constitutional office who is nominated by a political party or at a primary election shall be identified on the ballot by the name of his political party. Currently, only candidates for federal, statewide, and General Assembly offices are so identified. The constitutional offices are those of the treasurer, sheriff, attorney for the Commonwealth, clerk of court, and commissioner of the revenue.

Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. Establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.004 milligrams of delta-9-tetrahydrocannabinol per liter of blood.

Bail; violation of conditions of release; report available to attorney for the Commonwealth and counsel of record. Requires that any report of a violation of any pretrial condition of release provided to the court shall be sent by the pretrial services agency to the attorney for the Commonwealth and the counsel of record for the accused or juvenile, or directly to the accused or juvenile if such person is not represented by counsel. Bail; violation of conditions of release; report available to attorney for the Commonwealth and counsel of record. Requires that any report of a violation of any pretrial condition of release provided to the court shall be sent by the pretrial services agency to the attorney for the Commonwealth and the counsel of record for the accused or juvenile, or directly to the accused or juvenile if such person is not represented by counsel.

Written complaints; felony offenses. Provides that a written complaint is required for a felony offense, regardless of whether the complainant is a law-enforcement officer. Current law only requires a written complaint for any offense if the complainant is not a law-enforcement officer. The bill also provides that if no arrest warrant is issued in response to a written complaint made by a complainant, whether the complainant is a law-enforcement officer or not, the written complaint shall be returned to the complainant. Written complaints; felony offenses. Provides that a written complaint is required for a felony offense, regardless of whether the complainant is a law-enforcement officer. Current law only requires a written complaint for any offense if the complainant is not a law-enforcement officer. The bill also provides that if no arrest warrant is issued in response to a written complaint made by a complainant, whether the complainant is a law-enforcement officer or not, the written complaint shall be returned to the complainant.

Health insurance; dental plans; approval of rates and medical loss ratio. Requires the State Corporation Commission to review and approve premium rates applicable to dental plans issued in the Commonwealth. Under the bill, benefits are deemed to be reasonable in relation to premiums, provided that the medical loss ratio of the policy form, including riders and endorsements, is at least as great as 85 percent. The bill provides that if the Commission finds that the premium rate filed is not meeting or will not meet a medical loss ratio of 85 percent, the Commission shall require appropriate rate adjustments, premium refunds, or premium credits as deemed necessary for the coverage to conform with the medical loss ratio standard of 85 percent.

Early childhood care and education system; need-based and demand-based funding. Requires, for the purpose of addressing family demand and preferences for affordable, high-quality early childhood care and education services, state general funds to be provided to support the provision of services to families for early childhood care and education, as specified in the general appropriation act. The bill requires the Department of Education to report each year by November 15 on the projected general funds needed for the upcoming two fiscal years based on cost of quality rate per child in order to (i) maintain the current number of slots at early childhood care and education programs, (ii) increase the number of slots using a projected growth report, and (iii) increase the number of slots to fully accommodate parent demand and eliminate waitlists. The bill requires such projected general funds to be based on the annual per-child cost, determined as set forth in the bill, for the Virginia Preschool Initiative, the Mixed Delivery Program, and the Child Care Subsidy Program, the current eligibility criteria for such programs, and maximization of certain regularly recurring federal funds. The bill requires each regional entity established by the Board of Education pursuant to applicable law, each local school division, and each locality to annually indicate the number of slots needed, respectively, in the region for the Mixed Delivery Program, the local school division for the Virginia Preschool Initiative, and the locality for the Child Care Subsidy Program. The bill requires the Department of Education to (a) reallocate by July 1 any slots with available funding from the Child Care Subsidy Program and the Mixed Delivery Program, (b) make adjustments based on family preferences following the fall enrollment periods, and (c) first expend all current-year state general funds in providing funding for slots.

Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent if the exact amount of rent owed is less than or equal to one month's rent plus any late charges contracted for in the rental agreement and as provided by law, to serve upon such tenant a written notice informing the tenant of the exact amount due and owed and offer the tenant a payment plan under which the tenant must pay the exact amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The bill prohibits the landlord from charging any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments in accordance with the terms of the payment plan. The bill also outlines the remedies a landlord has if a tenant fails to pay the exact amount due and owed or enter into a payment plan within five days of receiving notice or if a tenant enters into a payment plan and after such plan becomes effective fails to pay rent when due or fails to make a payment under the terms of the agreed-upon payment plan. Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent if the exact amount of rent owed is less than or equal to one month's rent plus any late charges contracted for in the rental agreement and as provided by law, to serve upon such tenant a written notice informing the tenant of the exact amount due and owed and offer the tenant a payment plan under which the tenant must pay the exact amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The bill prohibits the landlord from charging any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments in accordance with the terms of the payment plan. The bill also outlines the remedies a landlord has if a tenant fails to pay the exact amount due and owed or enter into a payment plan within five days of receiving notice or if a tenant enters into a payment plan and after such plan becomes effective fails to pay rent when due or fails to make a payment under the terms of the agreed-upon payment plan.

Possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum. Provides that the sentence of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act for (i) a second offense within less than five years shall include a mandatory minimum sentence of 20 days and a mandatory minimum fine of $500; (ii) a second offense within 10 years shall include a mandatory minimum sentence of 45 days and a mandatory minimum fine of $500; (iii) three offenses within 10 years shall include a mandatory minimum sentence of 90 days and a mandatory minimum fine of $500, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months and a mandatory minimum fine of $1,000; and (iv) a fourth or subsequent offense within 10 years shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000. The bill also provides that the driver's license of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act (a) may be suspended for a period of up to 30 days for the first offense and (b) shall be suspended for a period of 30 days for the second and subsequent offenses.

Board of Counseling; licensure of professional counselors without examination. Directs the Board of Counseling to recognize the National Counselor Examination as a valid examination for licensure as a professional counselor in the Commonwealth of Virginia. Board of Counseling; licensure of professional counselors without examination. Directs the Board of Counseling to recognize the National Counselor Examination as a valid examination for licensure as a professional counselor in the Commonwealth of Virginia.

Department of Motor Vehicles; release of privileged information. Permits the Department of Motor Vehicles to release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding. The bill limits such information to matters of fact and law asserted or questioned by the Department and prohibits the dissemination of such information to any third party that is not a party to the administrative proceeding. Department of Motor Vehicles; release of privileged information. Permits the Department of Motor Vehicles to release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding. The bill limits such information to matters of fact and law asserted or questioned by the Department and prohibits the dissemination of such information to any third party that is not a party to the administrative proceeding.

Possession of an item containing residue of a controlled substance; penalty. Creates a Class 1 misdemeanor for the offense of possession of an item containing residue of a controlled substance. The bill provides that upon motion of the attorney for the Commonwealth, a charge for possession of a controlled substance classified in Schedule I or II of the Drug Control Act may be reduced to unlawful possession of an item containing residue of a controlled substance. Currently, possession of any amount of such controlled substance is a Class 5 felony. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference. Possession of an item containing residue of a controlled substance; penalty. Creates a Class 1 misdemeanor for the offense of possession of an item containing residue of a controlled substance. The bill provides that upon motion of the attorney for the Commonwealth, a charge for possession of a controlled substance classified in Schedule I or II of the Drug Control Act may be reduced to unlawful possession of an item containing residue of a controlled substance. Currently, possession of any amount of such controlled substance is a Class 5 felony. As introduced, this bill was a recommendation of the Virginia Criminal Justice Conference.