Individuals with disabilities; terminology.
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SB 798 — Individuals with disabilities; terminology.
Last action — Acts of Assembly Chapter text (CHAP0149)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 02, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 22, 2023.
Prognosis
Where this bill stands today.
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HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Failed a recorded vote
Failed 5 recorded votes so far — a real headwind.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
2787 added · 2655 removedPlain-language change summary
The recent amendment to Bill SB 798 primarily updates the terminology used throughout various sections of the Virginia Code related to individuals with disabilities. This includes replacing outdated terms with more inclusive language to better reflect modern understanding and respect for people with disabilities. Such changes matter because they promote a more inclusive society and ensure that laws align with current standards of respect and dignity for all individuals, particularly those with disabilities.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E149 An Act to amend and reenact §§ 2.2-1159, 3.2-6588, 10.1-200.3, 15.2-1805, 15.2-2025, 15.2-2306,N15.2-2306, 15.2-5201, 15.2-5301, 15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3, 22.1-270, 22.1-290.02, 23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1,.3,36-96.1:1, 36-98.1, 36-99, 38.2-3323, 38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2O1090,46.2-1090, 46.2-1503.2, 51.1-124.27, 51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1, 58.1-3503, 58.1-3506, 58.1-3506.1, 58.1-3506.6, 58.1-3833, 58.1-3840, 58.1-4024, 63.2-100, L 63.2-319, 63.2-1301, 63.2-1302, and 64.2-745 of the Code of Virginia, relating to individualLindividuals with disabilities;
E[S D798] Approved [SMarch 798]22, 2023 Be it enacted by the General Assembly of Virginia:
1.15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3, 22.1-270, 22.1-290.02, 23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1, 36-98.1, 36-99, 38.2-3323, 38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2-1090, 46.2-1503.2, 51.1-124.27, 51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1, 58.1-3503, 58.1-3506, 58.1-3506.1, 58.1-3506.6, 58.1-3833, 58.1-3840, 58.1-4024, 63.2-100, 63.2-319, 63.2-1301, 63.2-1302, and 64.2-745 of the Code of Virginia are amended and reenacted as follows:
That §§ 2.2-1159, 3.2-6588, 10.1-200.3, 15.2-1805, 15.2-2025, 15.2-2306, 15.2-5201, 15.2-5301, 15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3, 22.1-270, 22.1-290.02, 23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1, 36-98.1, 36-99, 38.2-3323, 38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2-1090, 46.2-1503.2, 51.1-124.2B, 51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1, 58.1-3503, 58.1-3506, 9 and 64.2-745 of the Code of Virginia are amended and reenacted as follows:319, 63.2-1301, 63.2-E302, § 2.2-1159.
"Persons with physical disabilities" means persons with:
or coordination6. and perceptiveness but are not accounted for in the aforementioned categories.bility, B.
Those manifestations of the aging processes that significantly reduce mobility, flexibility, coordination and perceptiveness but are not accounted for in the aforementioned categories.
B.
The governing body of a county, city or town or other political subdivision shall prescribe standards for the design, construction and alteration of buildings, not including public school facilities, constructed in whole or in part or altered by the use of the funds of such locality or political subdivision necessary to ensure that persons with physical disabilities will have ready access to, and use of, such buiD.buildings.
The Division shall consult with the governing bodies upon request.
D.
§ 3.2-6588.
Intentional interference with a guide or leader dog;
penalty.
A of 46 violation of this subsection is a Class 3 misdemeanor.
It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has of 43 reason to believe the dog is a guide or leader dog.
Subject to the provisions of subdivision 3 of this subsection the governing body may provide in of 46 the ordinance that no historic landmark, building or structure within any district shall be razed, demolished or moved until the razing, demolition or moving thereof is approved by the review boErd,board, or, on appeal, by the governing body after consultation with the review board.
The governing body shall provide by ordinance for appeals to the circuit court for such locality from any final decision of the governing body pursuant to subdivisions 1 and 2 of this subsectiRnsubsection and of 43 shall specify therein the parties entitled to appeal the decisions, which parties shall have the right to appeal to the circuit court for review by filing a petition at law, setting forth the alleged illegality of the action of the governing body, provided the petition is filed within thirty 30 days after the final decision the is rendered by the governing body.
The court may reverse or modify the decision of the governing Eody,body, in whole or in part, if it finds upon review that the decision of the governing body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the governing body.
In addition to the right of appeal hereinabove set forth, the owner of a historic landmark, building or structure, the razing or demolition of which is subject to the provisions of subdivision 2 of this subsection, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure provided that:
(i) he has applied to the governing body for such right, (ii) the owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building or structure, aSdand the land pertaining thereto, to the locality or to any person, firm, corporation, government or agency t7ereof,thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to8preserveto preserve and restore the landmark, building or structure and the land pertaining thereto, and (iii) no bRnabona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained.
Any appeal which may be taken to the court from the decision of the governing body, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to above.
and twelve 12 months when the offering price is $90,000 or mor4.more.
4.
lease, subject to such regulations as may be established by ordinance, any such area, property, lands or estate or interest therein so acquired upon the condition that the historic character of the area, landmark, building, structure or land shall be preserved preservation,and maintenancemaintained; or operation of any such area, landmark, building, structure, land pertaining thereto or interest therein so acquired as a place of historic interest;
or to enter into contracts with any person, firm or corporation for the management, preservation, maintenance or operation of any such area, landmark, building, structure, land pertaining thereto or interest therein so acquired as a place of historic interest;
Any leases or contracts entered into under this provision shall require that all maintenance and improvement be conducted in accordance with established treatment standards for historic landmarks, areas, buildings, buildings, structures, or areas are deemed to be consistent with the purposes of use, observation,, education, pleasure, and welfarestructures. of the people as stated above so long as the lease or contract provides of 46 for reasonable public access consistent with the property's nature and use.
For purposes of this section, leases or contracts that preserve historic landmarks, buildings, structures, or areas are deemed to be consistent with the purposes of use, observation, education, pleasure, and welfare of the people as stated above so long as the lease or contract provides for reasonable public access consistent with the property's nature and use.
Any locality that establishes or expands a local historic district pursuant to this section shall of 43 identify and inventory all landmarks, buildings, or structures in the areas being considered for inclusion within the proposed district.
of 46 "Contract" means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument.
E "Cost," as applied to a hospital project, means all or any part of the cost of acquisition, construction, alteration, enlargement, reconstruction and remodeling of a hospital project, including all lands, structures, real or personal property, interest in land and air rights, the cost of demolishingRordemolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all labor, materials, machinery and equipment, financing charges, interest on all bonds prior to, during and for a period of time not to exceed two years after completion, provisions for working capital, the cost of architectural engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of acquiring or constructing of 43 the hospital project and such other expenses as may be necessary or incidental to the acquisitiEnacquisition and construction of such project, the financing of such acquisition and construction and the placing of the project in operation.
D "Federal government" means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
instrumentality,"Government" corporatemeans orthe otherwise,Commonwealth ofand eitherthe offederal them.rnmentgovernment and any subdivision, agency or "Hospitalinstrumentality, project"corporate or "project"otherwise, meansof anyeither andof allthem. medical facilities and approaches thereto and appurtenances thereof.
Medical"Hospital facilitiesproject" shallor include"project" means any and all facilities suitable for providing adequate hospital facilities and medical care for concentrated centers of population, and also Sncludes any and all structures, buildings, improvements, additions, extensions, replacements, appurtena7ces, lands, rights in land, franchises, machinery, equipment, furnishings, landscaping, approaches, 8oadways and other facilities necessary or desirable in connection therewith or incidental thereto, inclRding, without limitation, hospitals, nursing homes, assisted living facilities, continuing care facilities, self-care facilities, medical office facilities, clinics, out-patient surgical centers, alcohol, substance abuse and drugapproaches treatmentthereto centers, laboratories, research facilities, sanitariums, hospices, facilities for the residence or residential facilities for nurses, interns, and physiciansappurtenances andthereof. any other kind of facility for the diagnosis, treatment, rehabilitation, prevention or palliation of any human illness, injury, disorder, or disability;
Medical facilities shall include any and all facilities suitable for providing adequate hospital facilities and medical care for concentrated centers of population, and also includes any and all structures, buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, franchises, machinery, equipment, furnishings, landscaping, approaches, roadways and other facilities necessary or desirable in connection therewith or incidental thereto, including, without limitation, hospitals, nursing homes, assisted living facilities, continuing care facilities, self-care facilities, medical office facilities, clinics, out-patient surgical centers, alcohol, substance abuse and drug treatment centers, laboratories, research facilities, sanitariums, hospices, facilities for the residence or care of the elderly, the handicapped or the chronically ill individuals or individuals with disabilities, residential facilities for nurses, interns, and physicians and any other kind of facility for the diagnosis, treatment, rehabilitation, prevention or palliation of any human illness, injury, disorder, or disability;
"Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a hospital project or any assignee or assignees of such lessor's interest or any part thereof, and the United States of America when it is a party to any contract with the authority.
any part thereof, and the United States of America "Real property" includes lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgments, mortgage or otherwise.
"Authority" means any political subdivision, a body politic and corporate, created, organized, and operated pursuant to the provisions of this chapter or, if such Authority is abolished, the board, body, authority, department, or officer succeeding to the principal functions thereof or to whom the powersdy,powers given by this chapter are given by law.
"Hospital" includes any health center and health provider under common ownership with the hospital and means any and all providers of dental, medical, and mental health services, including all related includes any and all facilities suitable for providing hospital, dental, medical, and mentalapproaches health care,s including any and all structures, buildings, improvements, additions, extensions, replacements, of 46 appurtenances, lands, rights in lands, franchises, machinery, equipment, furnishing, landscaping, approaches, roadways, and other facilities necessary or desirable in connection therewith or incidental thereto (including, without limitation, hospitals, nursing homes, assisted living facilities, continuing care facilities, self-care facilities, mental health facilities, wellness and healthappurtenances maintenancethereof. centers, medical office facilities, clinics, outpatient surgical centers, alcohol, substance abuse and drug treatment centers, dental care clinics, laboratories, research facilities, sanitariums, hospices, facilities for the residence or care of the elderly, the handicapped or the chronically ill individuals or individuals with disabilities, residential facilities for nurses, interns, and physicians and any other kind of facility for the diagnosis, treatment, rehabilitation, prevention, or palliation of any human illness, injury, disorder, or disability), together with all related and supporting facilities and equipment necessary and desirable in connection therewith or incidental thereto, or equipment alone, including, without limitation, kitchen, laundry, laboratory, wellness, pharmaceutical, administrative, communications, computer and recreational facilities and equipment, storage space, mobile medical facilities, vehicles and other equipment necessary or desirable for the transportation of medical equipment or the transportation of patients.
Dental, medical, and mental health facilities also includes any and all facilities suitable for graduate-levelproviding instructionhospital, indental, medicinemedical, orand dentistrymental health care, including any and clinicsall appurtenantstructures, theretobuildings, offeringimprovements, freeadditions, extensions, replacements, appurtenances, lands, rights in lands, franchises, machinery, equipment, furnishing, landscaping, approaches, roadways, and other facilities necessary or reduceddesirable ratein dental,connection medical,therewith or incidental thereto (including, without limitation, hospitals, nursing homes, assisted living facilities, continuing care facilities, self-care facilities, mental health servicesfacilities, towellness and health maintenance centers, medical office facilities, clinics, outpatient surgical centers, alcohol, substance abuse and drug treatment centers, dental care clinics, laboratories, research facilities, sanitariums, hospices, facilities for the public.residence or care of the elderly, the handicapped or the chronically ill individuals or individuals with disabilities, residential facilities for nurses, interns, and physicians and any other kind of facility for the diagnosis, treatment, rehabilitation, prevention, or palliation of any human illness, injury, disorder, or disability), together with all related and supporting facilities and equipment necessary and desirable in connection therewith or incidental thereto, or equipment alone, including, without limitation, kitchen, laundry, laboratory, wellness, pharmaceutical, administrative, communications, computer and recreational facilities and equipment, storage space, mobile medical facilities, vehicles and other equipment necessary or desirable for the transportation of medical equipment or the transportation of patients.
Show all 446 changed lines (406 more)
Dental, medical, of 43 and mental health facilities also includes facilities for graduate-level instruction in medicine or dentistry and clinics appurtenant thereto offering free or reduced rate dental, medical, or mental health services to the public.
how increase computed and of 46 paid;
To the extent such funds are appropriated by the General Assembly, a school division shalEshall be reimbursed for the cost of educating a child who is not a child with disabilities and who is not a resident of such school division under the following conditions:
N 1.
When such child has been placed in foster care or other custodial care within the geograpRicalgeographical boundaries of the school division by a Virginia agency, whether state or local, which is authorized under the2.the laws of this the Commonwealth to place children;
2.
or L 3.
When such child, who is a resident of Virginia, has been placed, not solely for school purposes, in a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the school division.Edivision. B.
B.
When the child with disabilities has been placed in foster care or other custodial care within the authorizedgeographical underboundaries of the lawsschool ofdivision thisby thea CommonwealthVirginia toagency, placewhether children;whether state or local, which is 2.of 43 authorized under the laws of this the Commonwealth to place children;
2.
When such child with disabilities, who is a resident of Virginia, has been placed, not soSelysolely for school purposes, in a child-caring institution or group home licensed under the provisions of C7apterChapter 17 (§ 63.2-1700 et seq.) of Title 63.2 which is located within the geographical boundaries of the 8choolschool division.
R C.
Each school division shall keep an accurate record of the number of days which any child, identified in subsection A or B above, was enrolled in its public schools, the required local expenditure per child, the handicapping condition specific disability, if applicable, the placing agency or person and Boardthe ofjurisdiction Educationfrom bywhich July 1 following the endchild ofwas thesent. school year in order to receive properrmation to the reimbursement.
Each school division shall certify this information to the Board of Education by July 1 following the end of the school year in order to receive proper reimbursement.
The school division in which such child has been enrolled shall bill the sending agency or person for the cost of the education of such child as provided in Thesubsection costsC of the§ support22.1-5. and maintenance of the child shall include the cost of the education provided by the school division;
The costs of the support and maintenance of the child shall include the cost of the education provided by the school division;
Pursuant to Article III of the Interstate Compact on the Placement of Children, no sending agency or person shall send, bring, or cause to be sent or brought into this the Commonwealth any child for placement unless the sending agency or person has complied with this section by honoring the financial resE.responsibility for the educational cost as billed by a local school division.
ToE. the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child's custodial parent or guardian resides or (ii) in the case of a child who has been placed in the custody of the Department of Social Services, the school division in which the parent or guardian who had custody immediately preceding the placement resides, for any remaining costs of educating such child, whether disabled or not such child has a disability, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the geo§ 22.1-183.
To the extent that state funds appropriated by the General Assembly pursuant to subsection A or B or other state funds, such as those provided on the basis of average daily membership, do not cover the full cost of educating a child pursuant to this subsection, a school division shall be reimbursed by (i) the school division in which a child's custodial parent or guardian resides or (ii) in the case of a child who has been placed in the custody of the Department of Social Services, the school division in which the parent or guardian who had custody immediately preceding the placement resides, for any remaining costs of educating such child, whether disabled or not such child has a disability, who has been placed, not solely for school purposes, in (a) foster care or other custodial care within the geographical boundaries of the school division to be reimbursed, or (b) a child-caring institution or group home licensed under the provisions of Chapter 17 (§ 63.2-1700 et seq.) of Title 63.2 that is located within the geographical boundaries of the school division to be reimbursed.
§ 22.1-183.
It shall be is unlawful for a school bus licensed in this the Commonwealth to be operated on the of 46 public highways of this the Commonwealth for the purpose of transporting persons or commodities other than school personnel, school children or, elderly individuals, or mentally or physically handicapped persons individuals with mental or physical disabilities unless the lettered identification and school bus traffic warning lights on the front and rear of such bus are covered with some opaque detachable material.
of 43 "Special education" means specially designed instruction at no cost to the parent to meet the unique needs of a disabled child with a disability, including classroom instruction, home instruction, instruction provided in hospitals and institutions, instruction in physical education, and instruction in career and technical education.
§ 11431 et seq.) (the Act), who shall, as soon as practicable, assist in obtaining the necessary physical examination by the county or city health department or other of 46 clinic or physician's office and shall immediately admit the pupil to school, as required by such Act.
The physician, or licensed nurse practitioner or licensed physician assistant acting undeEunder the supervision of a licensed physician, making a report of a physical examination required by this section shall, at the end of such report, summarize the abnormal physical findings, if any, and shall specifically state what, if any, conditions are found that would identify the child as handicapped having a Risability.disability.
Such physical examination report shall be placed in the child's health record at the school and localshall healthbe departmentmade atavailable thefor requestreview ofby suchany employee or official.eofficial of the State Department of HealtOHealth or any D.local health department at the request of such employee or official.
SuchD. physical examination shall not be required of any child whose parent shall object onL religious grounds and who shows no visual evidence of sickness, provided that such parent shall state in writing that, to the best of his knowledge, such child is in good health and free from any communicable or contagious disease.
ESuch E.physical examination shall not be required of any child whose parent shall object on religious grounds and who shows no visual evidence of sickness, provided that such parent shall state in writing that, to the best of his knowledge, such child is in good health and free from any communicable or contagious disease.
E.
Parents of entering students shall complete a health information form which shall be distributed by Education and Department of Health, or developed and provided by the local school divisiondivisions. and approved by the Superintendent of Public Instruction.
Such forms shall be developed and provided jointly by the Department of Education and Department of Health, or developed and provided by the school division and approved by the Superintendent of Public Instruction.
Upon failure of the parent to complete such form within the extended time, the superintendent may send to the parenSparent written notice of the date he intends to exclude the child from school;
however, no child who i7is a homeless child or youth as defined in subdivision A 7 of § 22.1-3 shall be excluded from school8forschool for of 43 such failure to complete such form.
R § 22.1-290.02.
There are hereby established traineeships that shall be awarded to persons who are interested in working in programs for the education of handicapped children with disabilities for either part-time or full-time study in programs designed to qualify them as special education personnel in the public schools.
§ 23.1-1000.
Definitions.
"Covered employee" means any individual who is employed by a covered institution on either a sal"Coveredsalaried institution"or meanswage abasis. public institution of higher education that has entered into a management agreement with the Commonwealth to be governed by the provisions of Article 4 (§ 23.1-1004 et seq.).
"Covered institution" means a public institution of higher education that has entered into a management agreement with the Commonwealth to be governed by the provisions of Article 4 (§ 23.1-1004 et seq.).
"Facilities" means all (i) real, personal, tangible, and intangible property, including all (a) infrastructure suitable for supporting a covered institution's mission and ancillary activities and (b) structures, buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, furnishings, landscaping, approaches, roadways, and other related and supporting facilities held, possessed, owned, leased, operated, or used, in whole or in part, by a covered institution and (ii) rights in such property.
of 46 "Includes" has the same meaning as provided in § 1-218.
(u) colleges, schools, or divisions offering undergraduate, graduate, professional, or extension programs, or any of 43 combination of such programs, for such courses of study as may be appropriate;
"Hospital facilities" means all property or rights in property, real and personal, tangible and intangible, including all facilities suitable for providing hospital and health care services and all structures, buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in of 46 land, furnishings, landscaping, approaches, roadways, and other related and supporting facilities owned, leased, operated, or used, in whole or in part, by Virginia Commonwealth University as part of,Eorof, or in connection with, MCV Hospitals in the normal course of its operations as a teaching, research, and medical treatment facility.
N "Hospital obligations" means all debts or other obligations, contingent or certain, owing toRanyto any person or other entity on the transfer date, arising out of the operation of MCV Hospitals as a medical treatment facility or the financing or refinancing of hospital facilities and including all bonds and other debts for the purchase of goods and services, whether or not delivered, and obligations for the deliveryherdelivery of services, whether or not performed.
L "Project" means any health care, research, or educational facility or equipment necessary or convenient to or consistent with the purposes of the Authority, whether owned by the Authority,LAuthority, including hospitals;
wellness Endand health maintenance centers;
other kinds of facilities for the colleges,treatment schools,of sick, disturbed, or divisionsinfirm offeringindividuals, undergraduatethe orprevention graduateof programsdisease, foror themaintenance healthof professionsth;health;
colleges, schools, or divisions offering undergraduate or graduate programs for the health professions and sciences and such other courses of study as may be appropriate, together with research, training, and teaching facilities;
all necessary or desirable related and supporting facilities and equipment or equipment alone, including (i) parking, kitchen, laundry, laboratory, wellness, pharmaceutical,Spharmaceutical, administrative, communications, computer, and recreational facilities;
(ii) power plants and eq7ipment;equipment;
(vi) air transport equipment8equipment; and (vii) other equipment necessary or desirable for the transportation of medical equipment, medical perRonnel, or patients;
and (vii) other equipment necessary or desirable for the transportation of medical equipment, medical personnel, or patients;
"Transfer date" means a date or dates agreed to by the board of visitors of Virginia Commonwealth University and the Authority for the transfer of employees to the Authority and for the transfer of hospital facilities, or any parts thereof, to and the assumption, directly or indirectly, of hospital of 43 obligations by the Authority, which dates for the various transfers and the various assumptions may be different, but in no event shall any date be later than June 30, 1997.
2.
For the sale of services to the public;
or public;4.
4.
and (vi) in a location generally not less desirable than the location of the displaced person's dwelling wit"Decent,with safe,respect andto sanitarypublic dwelling"utilities, meansfacilities, aservices dwellingand that:displacedthe displaced person's place of employment.
"Decent, safe, and sanitary dwelling" means a dwelling that:
If the unit is above the first floor and7.and served by a common corridor, there must be two means of egress;
and 7.
of 46 "Displaced person" means:
"Farm operation" means any activity conducted solely or primarily for the production of one or more of 43 agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
Notwithstanding § 32.1-271 or any other law to the contrary, the Commissioner shall report to the Superintendent of Public Instruction or to the appropriate school division superintendent within the Commonwealth the identity of, and pertinent information about, children with health problems or handicapping conditions which disabilities that might affect the child's career in school and his need for of 46 special education.
E A.
R 1.
2.
Members of the Commonwealth Transportation Board;
Employees of the Department of Transportation;rd;Transportation;
O 4.
L 5.
L 7.
Employees of the regulatory and hearings divisions of the Virginia Alcoholic Beverage ConErolControl Authority and special agents of the Virginia Alcoholic Beverage Control Authority;
D 9.
11.
Sheriffs and their deputies;
Regional jail officials;ies;officials;
Persons operating firefighting equipment and emergency medical services vehicles as defiSeddefined in § 32.1-111.1;
7 16.
8 17.
Operators of (i) commuter buses having a capacity of 20 or more passengers, including thRthe driver, and used to regularly transport workers to and from their places of employment and (ii) public transit buses;
Act19. of 1988;
andEmployees of any transportation facility created pursuant to the Virginia Highway Corporation 20.Act of 1988;
and 20.
of 43 1.
include2. (i) natural disasters, such as hurricanes, tornadoes, fires, and floods;
Major incidents that may require the temporary suspension of toll collection operations shall include (i) natural disasters, such as hurricanes, tornadoes, fires, and floods;
In any judicial proceeding in which a person is found to be criminally responsible or civilly liable for any incident resulting in the suspension of toll collections as provided in this subsection, the court may assess against the person an amount equal to lost toll revenue as a part of the costs of the Departmentproceeding ofand Transportationorder forthat depositsuch intoamount, thenot tollto roadexceed fund.ny$2,000 for any individual incident, be paid to the C.Department of Transportation for deposit into the toll road fund.
C.
with1. a disability;is specially equipped to permit its operation by a handicapped person an individual 2.
The drivervehicle ofis thespecially vehicleequipped hasto beenpermit certified,its eitheroperation by a physicianhandicapped licensedperson byan theindividual Commonwealthwith ofa 46disability; or any other state or by the Adjudication Office of the U.S.
2.
The driver of the vehicle has been certified, either by a physician licensed by the Commonwealth or any other state or by the Adjudication Office of the U.S.
Vehicles transporting two or more persons, including the driver, may be permitted toll-free use of of 43 the Dulles Toll Road during rush hours by the Board;
"Conciliation agreement" means a written agreement setting forth the resolution of the issues in of 46 conciliation.
"Disability" means, with respect to a person, (i) a physical or mental impairment that substEntiallysubstantially limits one or more of such person's major life activities;
For the purposes of Rhisthis chapter, the terms "disability" and "handicap" shall be interchangeable.
or"Discriminatory 36-96.6.inatory housing practices" means an act that is unlawful under § 36-96.3, 36-96.4, 3O-96.5,36-96.5, "Dwelling" means any building, structure, or portion36-96.6. thereof that is occupied as, or designated or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
"Dwelling" means any building, structure, or portion thereof that is occupied as, or designated or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
E "Familial status" means one or more individuals who have not attained the age of 18 years being domiciled with (i) a parent or other person having legal custody of such individual or individuals or (ii) the designee of such parent or other person having custody with the written permission of such parent or other person.
The term "familial status" also includes any person who is pregnant or is in the process of section, "in the process of securing legal custody"custody meansof havingany filedindividual anwho appropriatehas petitionnot toattained obtainthe legalage custody of such18 minoryears. in a court of competent jurisdiction.
For purposes of this section, "in the process of securing legal custody" means having filed an appropriate petition to obtain legal custody of such minor in a court of competent jurisdiction.
"Lending institution" includes any bank, savings institution, credit union, insurance companScompany or mortgage lender.
7 "Major life activities" includes any the following functions:
caring for oneself, performing8manualperforming manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
R "Military status" means status as (i) a member of the uniformed forces, as defined in 10 U.S.C.
§ 3911(4) except that the support provided by the service member to the individual shall have been provided 180 days immediately preceding an alleged action that if proven true would constitute unlawful discrimination under this section instead of 180 days immediately preceding an application for relief under 50 U.S.C.
(i) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body cardiovascular;systems:
neurological;
musculoskeletal;
special sense organs;
respiratory, including speech organs;
cardiovascular;
"Physical or mental impairment" of 43 includes such diseases and conditions as orthopedic, visual, speech, and hearing impairments;
"Respondent" means any person or other entity alleged to have violated the provisions of this chapter, as stated in a complaint filed under the provisions of this chapter and any other person joined pursuant to the provisions of § 36-96.9.
"To rent" means to lease, to sublease, to let, or otherwise to grant for consideration the right to occ§occupy 36-98.1.premises not owned by the occupant.
§ 36-98.1.
of 46 A.
Except as provided in subsection E of § 23.1-1016, and notwithstanding the provisions of subsection A, at the request of a public institution of higher education, the Department, as further set forth in this subsection, shall authorize that institution of higher education to contract with a building official of the locality in which the construction is taking place to perform any inspection and of 43 certifications required for the purpose of complying with the Uniform Statewide Building Code (§ 36-97 et seq.).
The provisions of the Building Code and of 46 modifications thereof shall be such as to protect the health, safety and welfare of the residents of the Commonwealth, provided that buildings and structures should be permitted to be constructed, E rehabilitated and maintained at the least possible cost consistent with recognized standards of health, safety, energy conservation and water conservation, including provisions necessary to prevent N overcrowding, rodent or insect infestation, and garbage accumulation;
and barrier-free provisioRsprovisions for the physically handicapped individuals with physical disabilities and aged individuals.
Such regulations shall be B.reasonable and appropriate to the objectives of this chapter.
B.
Notwithstanding the provisions of this section, farm buildings and structures shall be exempt from the provisions of the Building Code, except for a building or a portion of a building located on a Earmfarm that is operated as a restaurant as defined in § 35.1-1 and licensed as such by the Board of Health pursuant to Chapter 2 (§ 35.1-11 et seq.) of Title 35.1.
asC. to facilitate the prompt acceptance of new building materials and methods.
WhenWhere generallyformance,practical, sothe recognizedCode standards of performance are not available, such provisions shall providebe forstated acceptancein terms of materialsrequired andlevel methodsof whoseperformance, performanceso hasas beento foundfacilitate by the localprompt buildingacceptance department, on the basis of reliablenew testbuilding materials and evaluationmethods. data, presented by the proponent, to be substantially equal in Safety to those specified.
7When D.generally recognized standards of performance are not available, such provisions shall provide for acceptance of materials and methods whose performance has been found by the local building department, on the basis of reliable test and evaluation data, presented by the proponent, to be substantially equal in safety to those specified.
TheD. Board, upon a finding that sufficient allegations exist regarding failures noted in s8veral localities of performance standards by either building materials, methods, or design, may conduRt hearings on such allegations if it determines that such alleged failures, if proven, would have an adverse impact on the health, safety, or welfare of the citizens of the Commonwealth.
The Board, upon a finding that sufficient allegations exist regarding failures noted in several localities of performance standards by either building materials, methods, or design, may conduct hearings on such allegations if it determines that such alleged failures, if proven, would have an adverse impact on the health, safety, or welfare of the citizens of the Commonwealth.
Such notice shall be given to the known manufacturers of the subject building material and as many other interested parties, industry representatives, and trade groups as can reasonably be identified.
Following the hearing, the,the Board, upon finding that (i) the current technical or administrative Code provisions allow use of or result in defective or deficient building materials, methods, or designs, and (ii) immediate action is necessary to protect the health, safety, and welfare of the citizens of the Commonwealth, may issue amended regulations establishing interim performance standards and Code provisions for the installation, application, and use of such building materials, methods or designs in the Commonwealth.
Any amendments to regulations adopted pursuant to this subsection shall become effective upon their publication in the Virginia Register of Regulations and shall be effective for a period of 24 mon§months 38.2-3323.or until adopted, modified, or repealed by the Board.
§ 38.2-3323.
The amount of insurance on the life of a spouse, child, or other person shall not exceed the amount of B.43 of insurance for which the insured group member is eligible.
B.
Upon request of the insurer, proof of incapacity and dependency shall be furnished to the insurer by the insured group bymember thewithin insurer31 butdays notof more frequently than annually after the two-yearchild's period following the child'sed attainment of the specified age.
TheSubsequent insurerproof shallmay be allowedrequired toby chargethe ainsurer premiumbut atnot themore insurer'sfrequently thenthan ofannually 46after customarythe ratetwo-year applicableperiod tofollowing suchthe groupchild's policyattainment forof suchthe extendedspecified coverage.age.
The insurer shall be allowed to charge a premium at the insurer's then customary rate applicable to such group policy for such extended coverage.
An application for the individual policy is made, and the first premium paid to the insurer, within 31 days after such termination;
"Antique trailer" means every trailer or semitrailer, as defined in this section, that was actually of 43 manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than 25 years prior to January 1 of each calendar year and is owned solely as a collector's item.
"Bicycle" means a device propelled solely by human power, upon which a person may ride either on of 46 or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children.
For purposes of Chapter 8 (§E46.2-800(§ 46.2-800 et seq.), a bicycle shall be a vehicle while operated on the highway.
"Bicycle lane" means that portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, motorized skateboards or scRoters,scooters, and mopeds.
"Business district" means the territory contiguous to a highway where 75 percent or more of the property contiguous to a highway, on either side of the highway, for a distance of 300 feet or more along the highway, is occupied by land and buildings actually in use for business purposes.
L "Camping trailer" means every vehicle that has collapsible sides and contains sleeping quarters but may or may not contain bathing and cooking facilities and is designed to be drawn by a motor vehicle.
"Cancel" or "cancellation" means that the document or privilege cancelled has been annulled Eror terminated because of some error, defect, or ineligibility, but the cancellation is without prejudice and reapplication may be made at any time after cancellation.
D "Chauffeur" means every person employed for the principal purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or pro"Circularproperty. intersection" means an intersection that has an island, generally circular in design, located in the center of the intersection, where all vehicles pass to the right of the island.
"Circular intersection" means an intersection that has an island, generally circular in design, located in the center of the intersection, where all vehicles pass to the right of the island.
S "Commissioner" means the Commissioner of the Department of Motor Vehicles of the 7 Commonwealth.
8 "Converted electric vehicle" means any motor vehicle, other than a motorcycle or autocycle, Rhatthat has been modified subsequent to its manufacture to replace an internal combustion engine with an electric propulsion system.
A converted electric vehicle shall not be deemed a "reconstructed vehicle" as defined in this section unless it has been materially altered from its original construction by the removal, addition, or substitution of new or used essential parts other than those required for the conversion to electricn,electric or propulsion.
"Department" means the Department of Motor Vehicles of the Commonwealth.
central visual acuity of 20/200 or less in the better eye, with corrective lenses, or central visual acuity of more than 20/200, if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no gre"Driver'sgreater license"than means20 anydegrees license, including a commercial driver's license as defined in the Virginiabetter Commercialeye. Driver's License Act (§ 46.2-341.1 et seq.) and a driver privilege card issued pursuant to § 46.2-328.3, issued under the laws of the Commonwealth authorizing the operation of a motor vehicle.
"Electric"Driver's personallicense" assistivemeans mobilityany device"license, meansincluding a self-balancingcommercial two-nontandem-wheeleddriver's devicelicense thatas isdefined designedin tothe transportVirginia onlyCommercial oneDriver's personLicense Act (§ 46.2-341.1 et seq.) and powereda bydriver anprivilege electriccard propulsionissued systempursuant thatto limits§ 46.2-328.3, issued under the device'slaws maximumof speedthe toCommonwealth 15authorizing milesthe peroperation hourof ora less.motor vehicle.
"Electric personal assistive mobility device" means a self-balancing two-nontandem-wheeled device of 43 that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to 15 miles per hour or less.
"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a power-assistedseat bicyclesfor shallthe beuse classifiedof asthe follows:torrider, and (iii) an electric motor with an input of no more than 750 watts.
Electric 1.power-assisted bicycles shall be classified as follows:
"Class1. one" means an electric power-assisted bicycle equipped with a motor that provides of 46 assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour;
"Class one" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour;
(ii) where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection, in the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection;
of 43 "Law-enforcement officer" means any officer authorized to direct or regulate traffic or to make arrests for violations of this title or local ordinances authorized by law.
For the purposes of access to law-enforcement databases regarding motor vehicle registration and ownership only, "law-enforcement officer" also includes city and county commissioners of the revenue and treasurers, together with their duly designated deputies and employees, when such officials are actually engaged in the enforcement of of 46 §§ 46.2-752, 46.2-753, and 46.2-754 and local ordinances enacted thereunder.
"License plate" means a device containing letters, numerals, or a combination of both, attacEedattached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is properly registered with the Department.
N "Light" means a device for producing illumination or the illumination produced by the deviceRdevice. "Low-speed vehicle" means any four-wheeled electrically powered or gas-powered vehicle, except a golf cart, whose maximum speed is greater than 20 miles per hour but not greater than 25 miles peroses or a hour and is manufactured to comply with safety standards contained in Title 49 of the Code of Federal Regulations, § 571.500.
"Manufactured"Low-speed home"vehicle" means aany structurefour-wheeled subjectelectrically topowered federalor regulation,gas-powered transportablevehicle, inexcept onea ormotor morevehicle sections,or whichlow-speed invehicle thethat traveling mode is eightused bodyexclusively feetfor oragricultural more in width or 40horticultural bodypurposes feet or moEea ingolf length,cart, or,whose whenmaximum erectedspeed on site, is 320greater orthan more20 squaremiles feet,per andhour whichbut isnot builtgreater onthan a25 permanentmiles chassisper hour and designedis manufactured to becomply used as a dwelling with orsafety withoutstandards acontained permanentin foundationTitle when49 connectedof to the requiredCode utilities,of andFederal includesRegulations, the§ plumbing,571.500. heating, air conditioning, and electrical systems contained therein.
"Manufactured home" doesmeans nota includestructure asubject parkto modelfederal recreationalregulation, vehicle,transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a vehiclepermanent thatchassis use;and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
"Manufactured home" does not include a park model recreational vehicle, which is a vehicle that is (i) designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
"Military surplus motor vehicle" means a multipurpose or tactical vehicle that was manufactuSedmanufactured by or under the direction of the United States Armed Forces for off-road use and subsequently auth7rizedauthorized for sale to civilians.
"Military surplus motor vehicle" does not include specialized mobile equ8pmentequipment as defined in § 46.2-700, trailers, or semitrailers.
R "Moped" means every vehicle that travels on not more than three wheels in contact with the ground that (i) has a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground;
(ii) has a gasoline, electric, or hybrid motor that (a) displaces 50 cubic pedalscentimeters thator allowless propulsionor by(b) humanhas power;an input of 1500 watts or less;
(iii) is power-driven, with or without pedals that allow propulsion by human power;
For purposes of this title, a moped shall be a motorcycle when operated at speeds in excess of 35 miles per hour.
"Motor-driven cycle" means every motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters;
"Motor home" means every private motor vehicle with a normal seating capacity of not more than 10 per"Motorpersons, vehicle"including meansthe everydriver, vehicle as defined in this section that is self-propelled or designed primarily for self-propulsionuse except as otherwiseliving providedquarters infor thishuman title.beings.
"Motor vehicle" means every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title.
"Motorcycle" does not include any "autocycle," "electric personal assistive mobility device," "electric power-assisted bicycle," "farm tractor," "golf cart," "moped," "motorized skateboard or scooter," "utility vehicle," or "wheelchair or wheelchair conveyance" as defined in this section.
(i) any foreign corporation that is authorized to do business in the Commonwealth by the State Corporation of 43 Commission shall be a resident of the Commonwealth for the purpose of this title;
in the case ofonof corporations incorporated in the Commonwealth but doing business outside the Commonwealth, only of 46 such principal place of business or branches located within the Commonwealth shall be dealt with as residents of the Commonwealth;
"Private road or driveway" means every way in private ownership and used for vehicular travel by of 46 the owner and those having express or implied permission from the owner, but not by other persons.
of 43 "Reconstructed vehicle" means every vehicle of a type required to be registered under this tEtletitle materially altered from its original construction by the removal, addition, or substitution of new or used essential parts.
Except as otherwise provided in this title, tRisthis definition shall not include a "converted electric vehicle" as defined in this section.
"Replica vehicle" means every vehicle of a type required to be registered under this title not fully constructed by a licensed manufacturer but either constructed or assembled from components.
SuchtSuch fully components may be from a single vehicle, multiple vehicles, a kit, parts, or fabricated components.
The vehicle shall resemble a vehicle of distinctive name, line-make, model, or type as produced by a licensed manufacturer or manufacturer no longer in business and is notEanot a reconstructed or specially constructed vehicle as herein defined.
"Residence district" means the territory contiguous to a highway, not comprising a business district, where 75 percent or more of the property abutting such highway, on either side of the highway, for a distance of 300 feet or more along the highway consists of land improved for dwelling purposes, or is occupied by dwellings, or consists of land or buildings in use for business purposes, or consists of territory zoned residential or territory in residential subdivisions created under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2.
S "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicul7rvehicular travel, exclusive of the shoulder.
A highway may include two or more roadways if divided by a p8ysicalphysical barrier or barriers or an unpaved area.
R "Safety zone" means the area officially set apart within a roadway for the exclusive use of pedestrians and that is protected or is so marked or indicated by plainly visible signs.
"School bus" means any motor vehicle, other than a station wagon, automobile, truck, or commercial orbus, religiouswhich schools,is: or used for the transportation of the mentally or physically handicapped individualse with mental or physical disabilities to and from a sheltered workshop;
(i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of the mentally or physically handicapped individuals with mental or physical disabilities to and from a sheltered workshop;
"Shared-use path" means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way.
"Special construction and forestry equipment" means any vehicle which is designed primarily for highway construction, highway maintenance, earth moving, timber harvesting or other construction or forestry work and which is not designed for the transportation of persons or property on a publicorpublic highway.
"Suspend" or "suspension" means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension.
following the period of suspension unless it has expired prior to the "Tow truck" means a motor vehicle for hire (i) designed to lift, pull, or carry another vehicle by of 46 means of a hoist or other mechanical apparatus and (ii) having a manufacturer's gross vehicle weight rating of at least 10,000 pounds.
"Tow truck" also includes vehicles designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow another vehicle, commonly referred to as "rollbacks." "Tow truck" does not include any "automobile or watercraft transporter," "stinger-steered automobile or of 43 watercraft transporter," or "tractor truck" as those terms are defined in this section.
of 46 Every state agency having knowledge of the blind or visually handicapped vision impaired, maintaining any register of the blind or vision impaired, or administering either tax deductionEdeductions or exemptions for or aid to the blind or visually handicapped vision impaired shall report in January of each year to the Department the names of all persons so known, registered or benefiting from such deductions or exemptions, for aid to the blind or visually handicapped vision impaired.
This inRormationinformation shall be used by the Department only for the purpose of determining qualifications of these persons for solicensure reportedunder continuesChapter to3 operate(§ a46.2-300 motoret vehicle,seq.). such agency may provide this information tonyOperson appropriate law-enforcement agencies as otherwise permitted by law.
LIf Theany Departmentsuch shallstate reportagency tohas theknowledge Virginiathat Departmentany forperson the Blind and Vision Impaired and the Department for Aging and Rehabilitative Services at least annually the name and address of every43 personso whoreported hascontinues beento refusedoperate a driver'smotor licensevehicle, solelysuch oragency partlymay becauseprovide ofthis failureinformation to passappropriate thelaw-enforcement Eagencies Department'sas visualotherwise examination.permitted by law.
IfThe anyDepartment employeeshall ofreport to the Virginia Department for the Blind and Vision Impaired makesand a report to the Department offor MotorAging Vehiclesand orRehabilitative providesServices informationat toleast anannually appropriatethe law-enforcementname agencyand asaddress requiredof orevery permittedperson bywho thishas sectionbeen concerningrefused anya clientdriver's oflicense thesolely agency,or itpartly shallbecause notof befailure deemed to havepass bee§the 46.2-844.Department's visual examination.
If any employee of the Virginia Department for the Blind and Vision Impaired makes a report to the Department of Motor Vehicles or provides information to an appropriate law-enforcement agency as required or permitted by this section concerning any client of the agency, it shall not be deemed to have been made in violation of the client-agency relationship.
§ 46.2-844.
The driver of a motor vehicle approaching from any direction a clearly marked school bus that is stopped on any highway, private road, or school driveway for the purpose of taking on or discharging children, the elderly individuals, or mentally or physically handicapped persons individuals wiShwith mental or physical disabilities, who, in violation of § 46.2-859, fails to stop and remain stopped unt7luntil all such persons individuals are clear of the highway, private road, or school driveway and the bus is p8tput in motion is subject to a civil penalty of $250, and any prosecution shall be instituted and conduRtedconducted in the same manner as prosecutions for traffic infractions.
A prosecution or proceeding under § 46.2-859 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proInproceeding anyunder prosecution§ for46.2-859 which a summons charging a violation of this section was issued within 10 days of the alleged violation, proof that the motor vehicle described in the summons was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) shall give rise to a rebuttable presumption that the registered owner of the vehicle was the person who operated the vehicle at the place where, and for the timesame duringact. which, the violation occurred.
SuchIn presumptionany shallprosecution befor rebuttedwhich ifa (i)summons thecharging ownera violation of thethis vehiclesection fileswas anissued affidavitwithin by10 regulardays mail with the clerk of the generalalleged districtviolation, courtproof that he was not the operatormotor of the vehicle atdescribed thein time of the allegedsummons violation,was (ii)operated thein ownerviolation testifiesof inthis opensection, courttogether underwith oathproof that hethe defendant was notat the operatortime of thesuch vehicleviolation at the timeregistered owner of the tovehicle, theas policerequired asby stolenChapter prior6 to(§ the46.2-600 timeet ofseq.) theshall allegedgive violationrise ofto thisa sectionrebuttable ispresumption presentedthat priorthe toregistered owner of the returnvehicle datewas establishedthe onperson who operated the summonsvehicle issuedat pursuantthe toplace thiswhere, sectionand tofor the courttime adjudicatingduring which, the allegedviolation violation.occurred.
Such presumption shall be rebutted if (i) the owner of the vehicle files an affidavit by regular mail with the clerk of the general district court that he was not the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies in open court under oath that he was not the operator of the vehicle at the time of the alleged violation, or (iii) a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of this section is presented prior to the return date established on the summons issued pursuant to this section to the court adjudicating the alleged violation.
All such systems installed shall, at a minimum, produce a recorded image of the license plate and shall record the activation status of at least one warning device as prescribed in § 46.2-1090 and the time, date, and location of thestatusthe vehicle when the image is recorded.
Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through theethe filing of an affidavit as provided in subsection A and (ii) instructions for filing such an affidavit, of 46 including the address to which the affidavit is to be sent.
Any private vendor contracting with a school division pursuant to this subsection may impose and collect an administrative fee in addition to the civil penalty imposed for a violation of subsection A and payable pursuant to this subsection, so as to recover the expenses of collecting any unpaid civil penalty of 43 when such penalty remains due more than 30 days after the date of the mailing of the summons and notice.
Such a warning device shall indicate when such bus is either (i) stopped or about to stop to take on or discharge children, the elderly individuals, or mentally or of 46 physically handicapped persons individuals with mental or physical disabilities or (ii) stopped or about to stop for another such bus, when approaching from any direction, that is stopped or about to Etopstop to take on or discharge any such persons individual.
Such warning device shall be used and in operation for at least 100 feet before any proposed stop of such bus if the lawful speed limit is less than thirty-five 35 miles per hour, and for at least 200 feet before any proposed stop of such bus iRif the lawful speed limit is thirty-five 35 miles per hour or more.
For any new bus placed into service on or after July 1, 2007, such warning devices, at a minimum, shall include a nonsequential system of red traffic warning lights, a warning sign with flashing lights, and a crossing control arm such that when the bus door is opened, the red warning lights, warning sign with flashing lights, and crossing control arm are automatically activated.
E Any person operating such bus who fails or refuses to equip such vehicle being driven by him with of 43 such equipment, or who fails to use such warning devices in the operation of such vehicle shall be is guilty of a Class 3 misdemeanor.
Transit buses used to transport school children in the City of Hampton may be equipped with an "CAUTION-STUDENTS."advisory Such sign maythat beextends equippedfrom withthe notleft moreside than two warning lights of athe typebus approvedand fordisplays use by the Superintendentwords: of State Police.
"CAUTION-STUDENTS." Such sign may be equipped with not more than two warning lights of a type approved for use by the Superintendent of State Police.
The Executive Director and all staff employed by the Board shall be exempt from the VirgiSiaVirginia Personnel Act (§ 2.2-2900 et seq.) of Title 2.2.
Personnel actions under this exemption shall b7be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, relig8on,religion, age, handicap disability, or political affiliation.
R B.
The officers and employees of the Virginia Retirement System shall be exempt from the provisions of § 2.2-1202.1 and of the Virginia Personnel Act (§ 2.2-2900 et seq.).
"Mental impairment" means (i) a disability attributable to intellectual disability, autism, or any other neurologically handicapping condition neurological disability closely related to intellectual disability and requiring treatment similar to that required by individuals with intellectual disability or (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitionalanvolitional organic or functions, including central nervous system disorders or significant discrepancies among mental functions of an individual.
"Person with a disability" means any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment.
The provision of emotional support, well-being, comfort, or companionship shall not con"Three-unitconstitute servicework dogor team"tasks meansfor athe teampurposes consisting of athis traineddefinition. service dog, a disabled person with a disability, and a person who is an adult and who has been trained to handle the service dog.
"Three-unit service dog team" means a team consisting of 46a §trained 54.1-2968.service dog, a disabled person with a disability, and a person who is an adult and who has been trained to handle the service dog.
§ 54.1-2968.
Any person making a nondomestic purchase and paying the tax pursuant to this chapter who uses any portion of such purchase for domestic use may, between the first day of the first month and the fifteenth of 43 day of the fourth month following the year of purchase, apply for a refund of the tax paid on the domestic use portion.
Wheelchairs and parts therefor, braces, crutches, prosthetic devices, orthopedic appliances, of 46 catheters, urinary accessories, other durable medical equipment and devices, and related parts and supplies specifically designed for those products;
and insulin and insulin syringes, and equipmEnt,equipment, devices or chemical reagents that may be used by a diabetic to test or monitor blood or urine, when such items or parts are purchased by or on behalf of an individual for use by such individual.
Durable medical equipment is equipment that (i) can withstand repeated use, (ii) is primarily and custoRarilycustomarily used to serve a medical purpose, (iii) generally is not useful to a person in the absence of illness or inj11.injury, and (iv) is appropriate for use in the home.
11.
O 12.
Special equipment installed on a motor vehicle when purchased by a handicapped person anLan individual with a disability to enable such person individual to operate the motor vehicle.
Special typewriters and computers and related parts and supplies specifically designed for those products used by handicapped persons individuals with disabilities to communicate when such equEpmentequipment is prescribed by a licensed physician.
(i) Any nonprescription drugs and proprietary medicines purchased for the cure, mitigation, treatment, or prevention of disease in human beings and (ii) any samples of nonprescription drugs and proprietary medicines distributed free of charge by the manufacturer, including packaging materials and conb.constituent elements and ingredients.
b.
The exemption authorized in this subdivision of 43 shall not apply to cosmetics.
Tangible personal property withdrawn from inventory and donated to (i) an organization eSemptexempt from taxation under § 501(c)(3) of the Internal Revenue Code or (ii) the Commonwealth, any poli7icalpolitical subdivision of the Commonwealth, or any school, agency, or instrumentality thereof.
8 16.
Tangible personal property purchased by nonprofit churches that are exempt from taxationRundertaxation under § 501(c)(3) of the Internal Revenue Code, or whose real property is exempt from local taxation pursuant to the provisions of § 58.1-3606, for use (i) in religious worship services by a congregation or church membership while meeting together in a single location and (ii) in the libraries, offices, meeting or counseling rooms or other rooms in the public church buildings used in carrying out the work of the church and its related ministries, including kindergarten, elementary and secondary schools.
ThetheThe exemption for such churches shall also include baptistries;
and building materials installed by the church, and for which the church does not contract with a person or entity to have installed, in the public church buildings used in carrying out the work of the church and its related ministries, including, but not limited to worship services;
and kindergarten,edkindergarten, elementary, and secondary schools.
the19. foodstuffs and they are consumed by the purchaser or his family, (ii) is an organization exempt fromes taxation under § 501(c)(3) or (c)(4) of the Internal Revenue Code, or (iii) donates the foodstuffs to an organization exempt from taxation under § 501(c)(3) or (c)(4) of the Internal Revenue Code.
Fabrication of animal meat, grains, vegetables, or other foodstuffs when the purchaser (i) supplies the foodstuffs and they are consumed by the purchaser or his family, (ii) is an organization exempt from taxation under § 501(c)(3) or (c)(4) of the Internal Revenue Code, or (iii) donates the foodstuffs to an organization exempt from taxation under § 501(c)(3) or (c)(4) of the Internal Revenue Code.
For purposes of this subdivision, "gun safe" means a safe or vault that is (i) commercially available, (ii) secured with a digital or dial combination locking mechanism or biometric locking mechanism, and (iii) designed for the storage of a firearm or ofonof ammunition for use in a firearm.
Any discount, of 46 coupon, or other credit offered by the retailer or a vendor of the retailer to reduce the final price to the customer shall be taken into account in determining the selling price for purposes of this exemption.
"Motor vehicle" shall mean means every vehicle, except for mobile office as herein defined, which that is self-propelled or designed for self-propulsion and every vehicle drawn by or designed to be drawn by a motor vehicle, including all-terrain vehicles, manufactured homes, mopeds, and off-road motorcycles as those terms are defined in § 46.2-100 and every device in, upon and by which any of 43 person or property is, or can be, transported or drawn upon a highway, but excepting devices moved by human or animal power, devices used exclusively upon stationary rails or tracks and vehicles, other than manufactured homes, used in this the Commonwealth but not required to be licensed by the Commonwealth.
The governing body of any county, city or town localitylocalitymay, may, by ordinance, provide for the exemption from, deferral of, or a combination program of exemptions from and deferrals of taxation of real estate and manufactured homes as defined in § 36-85.3, or any portion thereof, and upon such conditions and in such amount as the ordinance may prescribe.
Under subsection A, real property owned and occupied as the sole dwelling of an eligible person includes real property (i) of 46 held by the eligible person alone or in conjunction with his spouse as tenant or tenants for life or joint lives, (ii) held in a revocable inter vivos trust over which the eligible person or the eligiblEeligible person and his spouse hold the power of revocation, or (iii) held in an irrevocable trust under which an eligible person alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support.
The term "eligible person" does not include any inRerestinterest held under a leasehold or term of years.
C.
For purposes of this article, any reference to:
E "Real estate" shall include includes manufactured homes.
Notice of local real estate tax exemption or deferral program for elderly D individuals and individuals with disabilities.
The treasurer of any county, city, or town shall enclose written notice, in each real estate tax bill, of the terms and conditions of any local real estate tax exemption or deferral program established in the jurisdiction pursuant to § 58.1-3210.
The treasurer shall also employ any other reasonable meansinmeans the necessary to notify residents of the county, city, or town about the terms and conditions of the real estate tax exemption or deferral program for elderly individuals and handicapped residents of individuals with disabilities who reside in the county, city, or town.
S § 58.1-3503.
7 A.
Tangible personal property is classified for valuation purposes according to the followin8following separate categories which are not to be considered separate classes for rate purposes:
R 1.
of 43 2.
Automobiles, except those described in subdivisions 7, 8, and 9 of this subsection and in subdivision A 8 of § 58.1-3504, which shall be valued by means of a recognized pricing guide or if the model and year of the individual automobile are not listed in the recognized pricing guide, the if the individual vehicle may be valued on the basis of percentage or percentages of original cost.
If the model and year of the individual automobile are not listed in the recognized pricing guide, the taxpayer may present to the commissioner proof of the original cost, and the basis of the tax for purposes of the motor vehicle sales and use tax as described in § 58.1-2405 shall constitute proof of original cost.
Trucks and other vehicles, as defined in § 46.2-100, except those described in subdivisions 4, and 6 through 10 of this subsection, which shall be valued by means of either a recognized pricing guide using the lowest value specified in such guide or a percentage or percentages of original cost.
of6. living space.ed homes, as defined in § 36-85.3, which may be valued on the basis of square footage 7.
Manufactured homes, as defined in § 36-85.3, which may be valued on the basis of square footage of living space.
7.
pricing11. guide or a percentage or percentages of original cost.
Boats weighing under five tons and boat trailers, which shall be valued by means of a recognized 12.pricing guide or a percentage or percentages of original cost.
Boats12. or watercraft weighing five tons or more, which shall be valued by means of a percentage of 46 or percentages of original cost.
Boats or watercraft weighing five tons or more, which shall be valued by means of a percentage or percentages of original cost.
Such commissioner, or other assessing officer, or his authorized agent, when using a recognized pricing guide as provided for in this section, may automatically extend the assessment if the of 43 pricing information is stored in a computer.
Generating equipment purchased after December 31, 1974, for the purpose of changing the energy source of a manufacturing plant from oil or natural gas to coal, wood, wood bark, wood residue, or any other alternative energy source for use in manufacturing and any cogeneration equipment purchased to of 46 achieve more efficient use of any energy source.
Such generating equipment and cogeneration equipment shall include, without limitation, such equipment purchased by firms engaged in the business ofEof generating electricity or steam, or both;
R 11.
Computer hardware used by businesses primarily engaged in providing data processing services to 12.other nonrelated or nonaffiliated businesses;
12.
L 13.
Motor vehicles specially equipped to provide transportation for physically handicapped E individuals with physical disabilities;
Motor vehicles (i) owned by members of a volunteer emergency medical services agency or a member of a volunteer fire department or (ii) leased by volunteer emergency medical services personnel or a member of a volunteer fire department if the volunteer is obligated by the terms of the lease to pay member who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or volunteer volunteer fire department member, or leased by each volunteer member who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or volunteer fire department member if the volunteer is obligated by the terms of the lease to pay tangible personal property tax on the mStormotor vehicle,vehicle. may be specially classified under this section, provided the volunteer regularly respo7ds to emergency calls.
TheOne volunteermotor shallvehicle furnishthat theis commissionerowned ofby revenue,each orvolunteer othermember assessingwho of8icer,meets with a certification by the chiefdefinition of the"emergency volunteer emergency medical services agencypersonnel" in § 32.1-111.1 or volunteRrvolunteer fire department,department thatmember, theor volunteerleased isby aneach individualvolunteer member who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or a member of the volunteer fire department whomember regularlyif respondsthe tovolunteer callsis orobligated regularlyby performsthe otherterms dutiesof for the emergencylease medicalto servicespay agencytangible orpersonal fireproperty department,tax andon the Januarymotor 31vehicle, ofmay eachbe yearspecially toclassified theunder commissionerthis ofsection, revenueprovided orthe othervolunteer assessingregularly officer;responds to emergency calls.
however,The thetedvolunteer byshall furnish the commissioner of revenuerevenue, or other assessing officerofficer, shallwith bea authorized,certification inby histhe discretion,chief andof forthe goodvolunteer causeemergency shownmedical andservices withoutagency faultor onvolunteer fire department, that the partvolunteer is an individual who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or a member of the volunteer,volunteer fire department who regularly responds to acceptcalls aor certificationregularly afterperforms other duties for the Januaryemergency 31medical deadline.services agency or fire department, and the motor vehicle owned or leased by the volunteer is identified.
The certification shall be submitted by January 31 of each year to the commissioner of revenue or other assessing officer;
however, the commissioner of revenue or other assessing officer shall be authorized, in his discretion, and for good cause shown and without fault on the part of the volunteer, to accept a certification after the January 31 of 43 deadline.
Motor vehicles (i) owned by auxiliary members of a volunteer emergency medical services agency or volunteer fire department or (ii) leased by auxiliary members of a volunteer emergency medical services agency or volunteer fire department if the auxiliary member is obligated by the terms regularlyof usedthe bylease eachto auxiliarypay volunteertangible firepersonal departmentproperty ortax emergencyon medicalthe servicesmotor agencyvehicle. is member may be specially classified under this section.
One motor vehicle that is regularly used by each auxiliary volunteer fire department or emergency medical services agency member may be specially classified under this section.
however, if a volunteer meets the definition of "emergency medical services personnel" in § 32.1-111.1 or volunteer fire department member and an auxiliary member are members of the same household, that household shall be allowed no more than two special 31classifications ofunder eachthis yearsubdivision to the commissioner of revenue or othersubdivision assessing15. officer;
however,The thecertification commissioner ofry revenue or other assessing officer shall be authorized,submitted inby hisJanuary discretion,of andeach foryear goodto cause shown and without fault on the partcommissioner of therevenue auxiliaryor member,other toassessing acceptofficer; a certification after the January 31 deadline;
however, the commissioner of revenue or other assessing officer shall be authorized, in his discretion, and for good cause shown and without fault on the part of the auxiliary member, to accept a certification after the January 31 deadline;
one19. or both legs, or an arm or a hand, or who is blind or who is permanently and totally disabled asof, certified by the Department of Veterans Services.
InOne ordermotor tovehicle qualify,owned theand veteranregularly shallused provideby a writtenveteran ofwho 46has statementeither tolost, or lost the commissioneruse ofof, revenueone or otherboth assessinglegs, officeror froman thearm Departmentor ofa Veteranshand, Servicesor thatwho theis veteranblind has been so designated or classifiedwho byis thepermanently Departmentand oftotally Veteransdisabled Services as tocertified meetby the requirementsDepartment of thisVeterans section,Services. and that his disability is service-connected.
In order to qualify, the veteran shall provide a written statement to the commissioner of revenue or other assessing officer from the Department of Veterans Services that the veteran has been so designated or classified by the Department of Veterans Services as to meet the requirements of this section, and that his disability is service-connected.
Furniture, office, and maintenance equipment, exclusive of motor vehicles, that are owned and of 43 used by an organization whose real property is assessed in accordance with § 58.1-3284.1 and that is used by that organization for the purpose of maintaining or using the open or common space within a residential development;
In order to qualify for such classification, any auxiliary deputy sheriff who applies for such classification shall identify the vehicle for which this classification is sought, and shall furnish the commissioner of revenue or other assessing officer with a certification from the governing body that has appointed such of 46 auxiliary deputy sheriff or from the official who has appointed such auxiliary deputy sheriff.
That certification shall state that the applicant is an auxiliary deputy sheriff who regularly uses Ea motor vehicle to respond to such auxiliary duties, and it shall state that the vehicle for which the classification is sought is the vehicle that is regularly used for that purpose.
however, theRthe commissioner of revenue or other assessing officer shall be authorized, in his discretion, and for good deadline;wncause shown and without fault on the part of the member, to accept a certification after the JaOuaryJanuary 31 33.deadline;
33.
agEiculturalagricultural purposes;
For purposes of this section, D biotechnology equipment means equipment directly used in activities associated with the science of living things;
35.
Boats or watercraft weighing less than five tons, used for business purposes only;
Boats or watercraft weighing five tons or more, used for business purposes only;y;only;
For purposes of this subdivision, "wireless broadband Internet service" means a servicSservice that enables customers to access, through a wireless connection at an upload or download bit rate of7moreof more than one megabyte per second, Internet service, as defined in § 58.1-602, as part of a package 8fof services sold to customers;
R 38.
product41. from renewable energy as defined in § 56-576;rimarily for the purpose of manufacturing a 42.
Tangible personal property designed and used primarily for the purpose of manufacturing a product from renewable energy as defined in § 56-576;
42.
(iii) equipment used for the of 43 transformation, transmission, distribution, or management of at least one megawatt of capacity of electrical power and cooling, including substations, uninterruptible power supply systems, all electrical plant equipment, and associated air handlers;
One motor vehicle that is regularly used by a uniformed member of the Virginia Defense Force to respond to his official duties may be specially classified under this section.
property45. of a business that qualifies under such ordinance for the first two tax years in which thesonal business is subject to tax upon its personal property pursuant to this chapter.
If a locality has not of 46 adopted suchan ordinance,ordinance thispursuant classificationto shallsubsection applyD toof the§ 58.1-3703, tangible personal property forof a business that qualifies under such ordinance for the first two tax years ofin awhich the business thatis otherwisesubject meetsto thetax requirementsupon ofits subsectionpersonal Dproperty ofpursuant §to 58.1-3703;this chapter.
If a locality has not adopted such ordinance, this classification shall apply to the tangible personal property for such first two tax years of a business that otherwise meets the requirements of subsection D of § 58.1-3703;
For of 43 purposes of this article, the term motor vehicle shall include only automobiles and pickup trucks.
(ii) cafeterias of 46 operated by industrial plants for employees only;
(iv) volunteer fire departments and voluntEervolunteer emergency medical services agencies;
or educational, charitable, fraternal, or benevolent organizations the first three times per calendar year and, beginning with the fourth time, on the first $100,000 of gross receipts per calendar year from sales of fRodfood and beverages (excluding gross receipts from the first three times), as a fundraising activity, the gross proceeds of which are to be used by such church, religious body or organization exclusively for nonprofit educational, charitable, benevolent, or religious purposes;
(ix) homes for the aged, or infirm individuals, hanEicappedhandicapped individuals with disabilities, battered women, narcotic addicts, or alcoholics;
For the exemption described in clause (xi), the sellers' annual income shall include income from sales at all local farmers markets and roadside stands, not just those sales occurring in the locality imposing the tax.
(b) provided by a public or private nonprofit charitable organization or establishment to elderly, Snfirm,infirm, blind, handicapped, or needy persons individuals or individuals with blindness or other disabil7tiesdisabilities in their homes, or at central locations;
or (c) provided by private establishments that contract w8thwith the appropriate agency of the Commonwealth to offer food, food products, or beverages for immediateRimmediate consumption at concession prices to elderly, infirm, blind, handicapped, or needy persons individuals or individuals with blindness or other disabilities in their homes or at central locations.
Grocery stores and convenience stores selling prepared foods ready for human consumption at a sellingdelicatessen suchcounter items.r shall be subject to the tax, for that portion of the grocery store or convenience store Theselling termsuch "beverage"items. as set forth herein shall mean means alcoholic beverages as defined in § 4.1-100 and nonalcoholic beverages served as part of a meal.
The term "beverage" as set forth herein shall mean means alcoholic beverages as defined in § 4.1-100 and nonalcoholic beverages served as part of a meal.
The wrongful and fraudulent use of such collections other than remittance of the same as provided by law shall constitute embezzlement pursuant to § 18.2-111.
than remittance of the same as provided by C.
(ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price, but only to the extent that such of 43 mandatory gratuity or service charge does not exceed 20 percent of the sales price;
ofsandwiches, ansalad assortmentbar ofitems vegetables,sold andfrom nonfactorya sealedsalad beverages.ingle-servingbar, prepackaged single-serving salads consisting primarily §of 58.1-3840.an assortment of vegetables, and nonfactory sealed beverages.
§ 58.1-3840.
(ii) that portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price of the meal, but only to the extent that such mandatory gratuity or service charge does not exceed 20 percent of the propertysales purchasedprice; with food coupons issued by the United States U.S.
Departmentor of(iii) Agriculturefood underand thebeverages Foodsold Stampthrough Programvending machines or draftson issuedany throughtangible thepersonal Virginiaproperty Specialpurchased Supplementalwith Foodfood Programcoupons forissued ofby 46the Women,United Infants,States andU.S. Children.
Department of Agriculture under the Food Stamp Program or drafts issued through the Virginia Special Supplemental Food Program for Women, Infants, and Children.
Personnel actions shall be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, religion, age, handicap disability, or political of 43 affiliation.
However, no child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious of 46 denomination shall for that reason alone be considered to be an abused or neglected child.
Further, a decision by parents who have legal authority for the child or, in the absence of parents with lEgallegal authority for the child, any person with legal authority for the child, who refuses a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person with legal authority aRdand the child;
(ii) the child has reached 14 years of age and is sufficiently mature to have an informed opinion on the consideredsubject alternativeof treatmenthis options;medical treatment;
(iii) the parents or other person with legal authority and the child have considered alternative treatment options;
L 4.
Whose parents or other person responsible for his care, or an intimate partner of such paEentparent or person, commits or allows to be committed any act of sexual exploitation or any sexual act upon a child in violation of the law;
D 5.
Who is without parental care or guardianship caused by the unreasonable absence or the mental or physical incapacity of the child's parent, guardian, legal custodian or other person standing in loco par6.parentis;
Whose6. parents or other person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense agaiSst a minor for which registration is required as a Tier III offender pursuant to § 9.1-902;
Whose parents or 7other 7.person responsible for his care creates a substantial risk of physical or mental injury by knowingly leaving the child alone in the same dwelling, including an apartment as defined in § 55.1-2000, with a person to whom the child is not related by blood or marriage and who the parent or other person responsible for his care knows has been convicted of an offense against a minor for which registration is required as a Tier III offender pursuant to § 9.1-902;
Who has been identified as a victim of sex trafficking or severe7. forms of trafficking as 8efined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice forRVictims of Trafficking Act of 2015, 42 U.S.C.
Who has been identified as a victim of sex trafficking or severe forms of trafficking as defined in the Trafficking Victims Protection Act of 2000, 22 U.S.C § 7102 et seq., and in the Justice for Victims of Trafficking Act of 2015, 42 U.S.C.
If a civil proceeding under this title is based solely on the parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense that such parent safely delivered the child within 30 days of the child's birth to (i) a hospital that provides 24-hour emergency services, (ii) an attended emergency medical services agency that employs emergency medical servicesgencyservices providers, or (iii) a newborn safety device located at and operated by such hospital or emergency medical services agency.
confinement"Adult ofabuse" anmeans adultthe aswillful definedinfliction inof §physical 63.2-1603.hysical pain, injury or mental anguish or unreasonable "Adultconfinement day care center" means any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more adults who are aged, or infirm or disabled adults who have disabilities and who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individualadult whoas caresdefined forin only§ persons63.2-1603. related to him by blood or marriage.
Included"Adult inday thiscare definitioncenter" aremeans any twofacility orthat moreis places,either establishmentsoperated orfor institutionsprofit owned, operated or controlledthat bydesires alicensure single entity and providingthat suchprovides supplementary care and protection toduring only a combinedpart total of the day to four or more adults who are aged, or infirm or "Adultdisabled exploitation"adults meanswho thehave illegal,disabilities unauthorized,and improper,who orreside fraudulentelsewhere, useexcept of(i) ana adultfacility as defined in § 63.2-1603 or hisportion funds,of property,a benefits,facility resources,licensed orby otherthe assetsState forBoard another'sof profit,Health benefit, or advantage,the includingDepartment aof caregiverBehavioral orHealth personand servingDevelopmental inServices, aand fiduciary(ii) capacity,the home or thatresidence deprivesof thean adultindividual ofwho hiscares rightfulfor useonly ofpersons orrelated access to suchhim funds,by property,blood benefits, resources, or othermarriage. assets.
Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more adults who are aged, or infirm or disabled adults who have disabilities.
"Adult exploitation" means the illegal, unauthorized, improper, or fraudulent use of an adult as of 43 defined in § 63.2-1603 or his funds, property, benefits, resources, or other assets for another's profit, benefit, or advantage, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, resources, or other assets.
and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or "Adult foster care" means room and board, supervision, and special services to anperform adultsuch whoservices. has a physical or mental condition.
Adult"Adult foster carecare" maymeans beroom providedand byboard, asupervision, singleand providerspecial forservices up to threean ofadult 46who adults.has a physical or mental condition.
Adult foster care may be provided by a single provider for up to three adults.
of 43 "Child-protective services" means the identification, receipt and immediate response to complaints and reports of alleged child abuse or neglect for children under 18 years of age.
"Child-welfare agency" means a child-placing agency, children's residential facility, or independent of 46 foster home.
"Children's residential facility" means any facility, child-caring institution, or group homEhome that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between 18 and 21 years of age who are in the process of transitioning out of fosterRcare.foster care.
return1. annually to the homes of their parents or guardians for not less than two months of summerents, vacation;
LA 2.licensed or accredited educational institution whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;
2.
L "Commissioner" means the Commissioner of the Department, his designee or authorized E representative.
D "Department of Health and Human Services" means the Department of Health and Human Services of the United States government or any department or agency thereof that may hereafter be designated as "Disposable income" means that part of the incomeagency dueto andadminister payable of any individual remaining after the deductionSocial ofSecurity anyAct, amountas requiredamended. by law to be withheld.
"Energy"Disposable assistance"income" means benefitsthat topart assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materialsthe orincome substancesdue used for homeSheating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purch7se or repair of cooling equipment, and paymentpayable of electricany billsindividual toremaining operateafter cooling equipment, in acc8rdance with § 63.2-805, or provided under the Virginiadeduction Energy Assistance Program established pursuant Ro the Low-Income Home Energy Assistance Act of 1981any (Titleamount XXVIrequired ofby Publiclaw Lawto P.L.be withheld.
"Energy assistance" means benefits to assist low-income households with their home heating and cooling needs, including, but not limited to, purchase of materials or substances used for home heating, repair or replacement of heating equipment, emergency intervention in no-heat situations, purchase or repair of cooling equipment, and payment of electric bills to operate cooling equipment, in accordance with § 63.2-805, or provided under the Virginia Energy Assistance Program established pursuant to the Low-Income Home Energy Assistance Act of 1981 (Title XXVI of Public Law P.L.
"Family and permanency team" means the group of individuals assembled by the local department to assist with determining planning and placement options for a child, which shall include, as appropriate, all biological relatives and fictive kin of the child, as well as any professionals who have served as a resource to the child or his family, such as teachers, medical or mental health providers, and clergysclergy a members.
"Fictive kin" means persons who are not related to a child by blood or adoption but have an est"Fosterestablished carerelationship placement" means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensedhis child-placingfamily. agency.
"Foster care placement" means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency.
"Foster home" means a residence approved by a child-placing agency or local board in which any child, other than a child by birth or adoption of such person or a child who is the subject of a power of attorney to delegate parental or legal custodial powers by his parents or legal custodian to the natural person who has been designated the child's legal guardian pursuant to Chapter 10 (§ 20-166 et seq.) of withoutTitle compensation,20 residesand aswho aexercises memberlegal ofauthority over the household.nchild on a continuous basis for at least 24 hours "Generalwithout relief"compensation, meansresides moneyas paymentsa andmember other forms of relief made to those persons mentioned in § 63.2-802 in accordance with the regulationshousehold. of the Board and reimbursable in accordance with § 63.2-401.
"Independent"General fosterrelief" home" means amoney privatepayments familyand home in which any child, other thanforms a child by birth or adoption of suchrelief person,made residesto asthose apersons membermentioned ofin the§ household63.2-802 and has been placed therein independently of a child-placing agency except (i) a home in whichaccordance arewith receivedthe onlyregulations children related by birth or adoption of the personBoard who maintains such home and childrenreimbursable ofin personalaccordance friendswith of§ such63.2-401. person;
"Independent foster home" means a private family home in which any child, other than a child by birth or adoption of such person, resides as a member of the household and has been placed therein independently of a child-placing agency except (i) a home in which are received only children related by of 43 birth or adoption of the person who maintains such home and children of personal friends of such person;
and attorney(iii) pursuanta tohome Chapterin 10which (§are 20-166received etonly seq.)children ofwho Titleare 20.bjectthe subject of a properly executed power of "Independentattorney living"pursuant means a planned program of services designed to assistChapter a10 child(§ age20-166 16et andseq.) over of 46Title and20. persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.
"Independent living" means a planned program of services designed to assist a child age 16 and over and persons who are former foster care children or were formerly committed to the Department of Juvenile Justice and are between the ages of 18 and 21 in transitioning to self-sufficiency.
"Qualified assessor" means an entity contracting with the Department of Medical Assistance Services to perform nursing facility pre-admission screening or to complete the uniform assessment instrument for a home and community-based waiver program, including an independent physician contracting with the Department of Medical Assistance Services to complete the uniform assessment instrument for residents of assisted living facilities, or any hospital that has contracted with the Department of Medical of 43 Assistance Services to perform nursing facility pre-admission screenings.
"Qualified individual" means a trained professional or licensed clinician who is not an employee of the local board of social services or licensed child-placing agency that placed the child in a qualified of 46 residential treatment program and is not affiliated with any placement setting in which children are placed by such local board of social services or licensed child-placing agency.
E "Qualified residential treatment program" means a program that (i) provides 24-hour residential placement services for children in foster care;
(ii) has adopted a trauma-informed treatment model that meets the clinical and other needs of children with serious emotional or behavioral disorders, Rncludingincluding any clinical or other needs identified through assessments conducted pursuant to clause (viii) of this anddefinition; within the scope of their practice, and are available 24 hours a day, 7 days a week;
(iv)(iii) conductsemploys siteregistered outreachor withlicensed thenursing child'sand familyother members,clinical includingstaff effortswho toprovide maintaincare, connectionson betweensite and within the childscope andof histheir siblingspractice, and otherare family;available 24 hours a day, 7 days a week;
(iv) conducts outreach with the child's family members, including efforts to maintain connections between the child and his siblings and other family;
(v) whenever appropriate and in the best interest of the child, facilitates participation by family members Enin the child's treatment program before and after discharge and documents the manner in which such participation is facilitated;
and (viii) requires that any child placed in the program receive an assessment within 30 days of such placement by a qualified individual that (a) assesses the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool approved by the Commissioner of Social Services;
§ 672(k)(2), including aSqualifieda qualified residential treatment program, that would provide the most effective and appropriate level of c7recare for the child in the least restrictive environment and be consistent with the short-term and long-term 8oalsgoals established for the child in his foster care or permanency plan;
(c) establishes a list of shorR-termshort-term and long-term mental and behavioral health goals for the child;
"Residential living care" means a level of service provided by an assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with the activities oftsof daily living.
Social services also includes adult services pursuant to Article 4 (§ 51.5-144 et seq.) of Chapter 14 of Title 51.5 and adult protective services pursuant to Article 5 (§ 51.5-148) of Chapter 14 of Title 51.5 provided by local departments of social services in accordance with regulations and under the"Specialthe order"supervision meansof an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner thatfor hasAging aand statedRehabilitative durationServices. of not more than 12 months.
"Special order" means an order imposing an administrative sanction issued to any party licensed pursuant to this title by the Commissioner that has a stated duration of not more than 12 months.
"Supervised independent living setting" means the residence of a person 18 years of age or older who is participating in the Fostering Futures program set forth in Article 2 (§ 63.2-917 et seq.) of Chapter 9 where supervision includes a monthly visit with a service worker or, when appropriate, groupcontracted homes.upervision.supervision.
"Supervised independent living setting" does not include residential facilities or "Temporarygroup Assistancehomes. for Needy Families" or "TANF" means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children.
"Temporary Assistance for Needy Families" or "TANF" means the program administered by the Department through which a relative can receive monthly cash assistance for the support of his eligible children.
"Title IV-E Foster Care" means a federal program authorized under §§ 472 and 473 of the Social Security Act, as amended, and administered by the Department through which foster care is provided on beh§behalf 63.2-319.of qualifying children.
§ 63.2-319.
Each local board shall provide, either directly or through the purchase of services subject to the of 4643 supervision of the Commissioner and in accordance with regulations adopted by the Board, any or all child welfare services herein described when such services are not available through other agencies serving residents in the locality.
of 46 A.
however, such payments shall not exceed the foster care payment that would otherwise be made foEfor the child at the time the adoption assistance agreement is signed.
of 43 B.
However, assistance payments may continue until the child reaches 21 years of age under thRthe following circumstances:
that1. the child has a mental or physical handicap disability, or an educational delay resulting from such handicap disability, warranting the continuation of assistance;
The local department determines on or Lwithin 2.six months prior to the child's eighteenth birthday that the child has a mental or physical handicap disability, or an educational delay resulting from such handicap disability, warranting the continuation of assistance;
or 2.
(iii) employed for at least 80Ehours80 hours per month;
Adoption assistance payments shall be made on the basis of an adoption assistance agreement entered into by the local board and the adoptive parents or, in cases in which the child is in the custody of a licensed child-placing agency, an agreement between the local board, the licensed child-placingustodychild-placing agency and the adoptive parents.
S Prior to entering into an adoption assistance agreement, the local board or licensed child-p7acingchild-placing agency shall ensure that adoptive parents have received information about their child's eligibi8ityeligibility for adoption assistance;
about their child's special needs and, to the extent possible, the currentRandcurrent and potential impact of those special needs.
The local board or licensed child-placing agency shall also ensure that adoptive parents receive information about the process for appeal in the event of a disagreement between the adoptive parent and the local board or the adoptive parent and the child-placing agency and infAdoptiveinformation parentsabout shall submit annually to the localprocedures boardfor withinrenegotiating 30 days of the anniversary date of the approved agreement an affidavit which certifies that (i) the child on whose behalf they are receiving adoption assistance paymentsagreement. remains in their care, (ii) the child's condition requiring adoption assistance continues to exist, and (iii) whether or not changes to the adoption assistance agreement are requested.
Adoptive parents shall submit annually to the local board within 30 days of the anniversary date of the approved agreement an affidavit which certifies that (i) the child on whose behalf they are receiving adoption assistance payments remains in their care, (ii) the child's condition requiring adoption assistance continues to exist, and (iii) whether or not changes to the adoption assistance agreement are requested.
maintenanceE. and medical or other services for children who have special needs in accordance withhe § 63.2-1301.
Payments may be made under this chapter from appropriations for foster care services for the maintenance and medical or other services for children who have special needs in accordance with § 63.2-1301.
Notwithstanding any contrary provision in the trust instrument, if a statute or regulation of the United States or Commonwealth requires a beneficiary to reimburse the Commonwealth or any agency or instrumentality thereof, for public assistance, including medical assistance, furnished or to be furnished to the beneficiary, the Attorney General or an attorney acting on behalf of the state agency responsible for the program may file a petition in the circuit court having jurisdiction over the trustee requesting reimbursement.
Regardless of whether the beneficiary has the right to compel the trustee to pay income or principal to or for the benefit of the beneficiary, order the trustee to satisfy all or part of the liability out beneficiaryof inall theor exercisepart of discretionany underfuture payments that the trust.osestrustee chooses to make to or for the benefit of the C.beneficiary in the exercise of discretion under the trust.
AC. duty in the trustee under the instrument to make disbursements in a manner designed to avoid of 46 rendering the beneficiary ineligible for public assistance to which he might otherwise be entitled, however, shall not be construed as a right possessed by the beneficiary to compel such payments.
A duty in the trustee under the instrument to make disbursements in a manner designed to avoid rendering the beneficiary ineligible for public assistance to which he might otherwise be entitled, however, shall not be construed as a right possessed by the beneficiary to compel such payments.
Show all 446 changed rows (406 more)
View plain text versions (4)
- CHAP0149 View text Current pdf March 22, 2023
- SB798ER View text pdf February 23, 2023
- Engrossed Printed as engrossed 23100009D-E pdf January 17, 2023
- Prefiled Prefiled and ordered printed; offered 01/11/23 23100009D pdf December 02, 2022
Action History
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Acts of Assembly Chapter text (CHAP0149)
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Approved by Governor-Chapter 149 (effective 7/1/23)
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Governor's Action Deadline 11:59 p.m., March 27, 2023
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Enrolled Bill Communicated to Governor on March 2, 2023
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Signed by President
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Signed by Speaker
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Impact statement from DPB (SB798ER)
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Bill text as passed Senate and House (SB798ER)
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Enrolled
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VOTE: Passage (96-Y 2-N)
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Passed House (96-Y 2-N)
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Read third time
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Passed by for the day
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Read second time
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Reported from Health, Welfare and Institutions (20-Y 1-N)
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB798E)
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Read third time and passed Senate (38-Y 0-N)
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Printed as engrossed 23100009D-E
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Engrossed by Senate as amended SB798E
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Rehabilitation and Social Services with amendments (13-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB798)
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Referred to Committee on Rehabilitation and Social Services
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Prefiled and ordered printed; offered 01/11/23 23100009D
Sponsors
- Ghazala F. Hashmi · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors SB 798?
- SB 798 is sponsored by Ghazala F. Hashmi.
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- This bill has been enacted into law. Introduced December 02, 2022. Enacted.
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