HB 962 — Noncitizens of the United States; removes term aliens throughout Code.

After paying or adequately providing for the payment of all its obligations, the trustees shall distribute the remainder of its assets, either in cash or in kind, among its shareholders accorIingaccorEing to their respective rights and interests.

A corporation whose existence is terminated pursuant to clauseN(iv)clause (iv) shall notB.not be eligible for reinstatement for a period of not less than one year.

AnyN corporationB. convicted of the offense listed in clause (iv) of subsection A shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.

RAny C.corporation convicted of the offense listed in clause (iv) of subsection A shall immeRiately report such conviction to the Commission and file with the Commission an authenticated copy of the judC.

D § 13.1-769.

mayL beA. revoked by order of the Commission when it finds that such foreign corporation:eign corpUration 1.

The certificate of authority to transact business in the Commonwealth of any foreign corpEration may be revoked by order of the Commission when it finds that such foreign corporation:

1.

CD 2.

Has failed to maintain a registered office or a registered agent in the Commonwealth as rEquiredrequired by law;

3.4.

Has failed to file any document required by this chapter to be filed with the Commission;D 4.

ororh 5.the Commission;

5.

§ 1324a(f), as amended, for actions of its officers theand Commonwealthdirectors asconstituting describeda inpattern thator section.cepractice of employing unauthorized aliens unlawful employment in Athe certificateCommonwealth ofas authoritydescribed revokedin pursuantthat tosection. subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year.

B.H A certificate of authority revoked pursuant to subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year.

A6 foreignB. corporation convicted of the offense listed in subdivision A 5 shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judHment or record of conviction.

9A C.foreign corporation convicted of the offense listed in subdivision A 5 shall immediatelE report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.

BeforeC. entering an order revoking the certificate of authority of a foreign corporation u2der to be heard and show cause why such an order should not be entered.

Before entering an order revoking the certificate of authority of a foreign corporation under to be heard and show cause why such an order should not be entered.

The Commission's revocation of a foreign corporation's certificate of authority appoints the clerk of the Commission as an agent of the foreign corporation for service of process in any proceeding based on a cause of action arising during the time the foreign corporation was authorized to transact business servicein on the foreignCommonwealth. corporation and shall be made on the clerk in accordance with § 12.1-19.1.

F.Service of process on the clerk of the Commission under this subsection is service on the foreign corporation and shall be made on the clerk in accordance with § 12.1-19.1.

Revocationthe ofregistered aagent foreignof corporation'sthe corporation.n's certificate of authority does not terminate the authority of the§ registered13.1-915. agent of the corporation.

§ 13.1-915.

(ii) has failed to maintain a registered office or a registered agent in the withCommonwealth theas Commission;required by law;

(iii) has failed to file any document required by this Act to be filed with the Commission;

Upon termination, the propertiesThe andtrustees affairsthen ofshall theproceed corporationto shallcollect passthe automaticallyassets toof itsthe directorscorporation, asand trusteespay, insatisfy liquidation.and discharge itson.

The trustees then shall proceed to collect the assets of the corporation, and pay, satisfy and discharge its liabilities and obligations and do all other acts required to liquidate its business and affairs.

After paying or adequately providing for the payment of all its obligations, the trustees shall distribute the remainder clause (iv) shall not be eligible for reinstatement for a period of notits lessassets thanin oneaccordance year.rsuantwith to§ B.13.1-907.

A corporation whose existence is terminated pursuant to clause (iv) shall not be eligible for reinstatement for a period of not less than one year.

B.

The Commission maymay§ issue13.1-931. the rule on its own motion or on motion of the Attorney General.

Involuntary revocation of certificate of authority.General.

The certificate of authority to transact business in the Commonwealth of any foreign corporation HB962 6 of 27 may be revoked by order of the Commission when it finds that the corporation:

§ 1324a (f)1324a(f),(f) 1324a(f), as amended, for actions of its members or managers constituting a pattern or practice of employing unauthorized aliens unlawful employment in the Commonwealth as described in that section.

of 27 4.

or of 27 5.

§ 1324a (f) 1324a(f), as amended, for actionsactiEns of its members or managers constituting a pattern or practice of employing unauthorized aliens unlawfuIunlawful employment in the Commonwealth as described in that section.

N liabilityB. company giving it an opportunity to be heard and show cause why such an order should not be entered.

TheBefore entering any such order the Commission mayshall issue thea rule onagainst itsthe ownforeign motionlimiRed orliability oncompany motiongiving ofit thean Attorneyopportunity General.to be heard and show cause why such an order should not be entC.

C.The authority of a foreign limited liability company to transact business in the Commonwealth ceases on the date shown on the order canceling its certificate of registration.

TheL authorityD. of a foreign limited liability company to transact business in the CommonweRlth ceases on the date shown on the order canceling its certificate of registration.

D.The Commission's cancellation of a foreign limited liability company's certificate of registration appoints the clerk of the Commission the foreign limited liability company's agent for service of process in any proceeding based on a cause of action arising during the time the foreign limited liabilEty company was registered to transact business in the Commonwealth.

TheService Commission's cancellation of a foreign limited liability company's certificate of registration appoints the clerk of the Commission the foreign limited liability company's agent for service Df process in any proceeding based on a cause of action arising during the timeclerk theof foreign limited liability the Commission under this subsection is service on the foreign limited liability company and shall be made on the clerk in accordance with § 12.1-19.1.

C E.

Cancellation of a foreign limited liability company's certificate of registration does noEnot terminate thetheF. authority of the registered agent of the foreign limited liability company.

F.

A certificate of registration canceled pursuant to sub§subdivision A 5 shall not be eligible for reinstatement for a period of not less than one year.H § 13.1-1238.2.

notB lessA. than one year.

A.The existence of a business trust may be canceled involuntarily by order of the Commissio6 when it finds that the business trust has:

TheE existence1. of a business trust may be canceled involuntarily by order of the Commission when it finds that the business trust has:

1.

R 2.

Failed to maintain a registered office or a registered agent in the Commonwealth as requiHedrequired by law;

94. 3.

FailedBeen toconvicted filefor anya documentviolation requiredof by8 thisU.S.C. chapter to be filed with the Commission;

or§ 21324a (f) 1324a(f), as amended, for actions of its trustees or beneficial owners authorized to act on the behalf of a business trust constituting a pattern or practice of employing unauthorized aliens unlawful employment in the Commonwealth as described in that section.

The properties and affairs of a business trust whose existence has been canceled pursuant to this tosection (i)shall collectpass theautomatically assetsto ofits thetrustees businessas trust;trustees in liquidation.

(ii)The sell,trustees convey,shall andthen disposeproceed of such of its properties as are not to be distributed in kind to its beneficial owners;

(iii) pay, satisfy, and discharge its liabilities andandare obligations;

Any business trust convicted of the offense listed in subdivision A 4 shall immediately report such conviction to the Commission and file with the Commission an authenticated copy of the judgment or record of conviction.

§ 13.1-1246.2.

Involuntary cancellation of registration.

by2. law;as failed to maintain a registered office or a registered agent in the Commonwealth as required 3.

Has failed to maintain a registered office or a registered agent in the Commonwealth as required by law;

3.

§ 1324a (f) 1324a(f), as amended, for actions of its trustees or beneficial owners authorized to act on the behalf of a foreign business trust constituting a patterndescribed orin practicethat ofsection.loying employing unauthorized aliens unlawful employment in the Commonwealth as describedB. in that section.

Before entering any such order, the Commission shall issue a rule against the foreign business of 27 trust giving it an opportunity to be heard and show cause why such an order should not be entered.

The HB962 8 of 27 Commission may issue the rule on its own motion or on motion of the Attorney General.

An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of 27 of § 18.2-282 within the three-year period immediately preceding the application.

ofE 27 16.

An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under Ihethe laws of any state, the District of Columbia, the United States or its territories.

For purposes of tNistRis convictiondisqualifier, oronly adjudicationconvictions oroccurring (ii)within release16 fromyears anyfollowing incarcerationthe imposedlater uponof suchthe convictiondate orheof (i) the adjudication shall be deemed to be "previous convictions." Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term Rfof service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.

OL 17.

An individual who has a felony charge pending or a charge pending for an offense listed DnEn subdivision 14 or 15.

residential18. setting within five years prior to the date of his application for a concealed handgun permit.

An individual who has received mental health treatment or substance abuse treatment in aD residential setting within five years prior to the date of his application for a concealed handgun permit.

An individual not otherwise ineligible pursuant to this article, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense Eet forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or of a criminal offense of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.

three-yearH period20. immediately preceding the application, upon a charge of any criminal offense set forthe in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18.2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of Huilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state9 the District of Columbia, or the United States or its territories.

2An firearms;individual, not otherwise ineligible pursuant to this article, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense 6et forth in Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1 (§ 18.2-247 et seq.), or former § 18E2-248.1:1 or upon a charge of illegal possession or distribution of marijuana, synthetic cannabinoids, or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and District of Columbia, or the United States or its territories.ly similar law of any other state, the § 18.2-308.2:3.

Criminal background check required for employees of a gun dealer to transfer firearms;

penalties.groundpenalties. check required for employees of a gun dealer to transfer A.

A.

Prior to August 1, 2000, the dealer shall obtain written statements or affirmations from persons employed before July 1, 2000, to act as a seller under § 18.2-308.2:2 that they are not disqualified from thepossessing dealera shallfirearm. submit the employee's fingerprints and personal descriptive information to the Central Criminal Records Exchange to be forwarded to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the request.

Within five working days of the employee's next birthday, after August 1, 2000, the dealer shall submit the employee's fingerprints and personal descriptive information to the Central purpose of obtaining national criminal history record information regarding the request.or the C1.

In lieu of submitting fingerprints pursuant to this section, any dealer holding a valid federal firearms license (FFL) issued by the Bureau of Alcohol, Tobacco and Firearms (ATF) may submit a sworn and notarized affidavit to the Department of State Police on a form provided by the Department, stating that the dealer has been subjected to a record check prior to the issuance and that the FFL was toissued a record check and approved by the ATF.

ThisThe exemptionaffidavit shallmay applyalso regardlesscontain of whether the FFLednames wasof issuedany inemployees thethat namehave ofbeen thesubjected dealerto ora inrecord thecheck nameand ofapproved by the business.ATF.

This exemption shall apply regardless of whether the FFL was issued in the name of the dealer or in the name of the business.

"I hereby swear, under the penalty of perjury, that as a condition of obtaining a federal firearms license, each person requesting an exemption in this affidavit has been subjected to a fingerprint identification check by the Bureau of Alcohol, Tobacco and Firearms and the Bureau of Alcohol, Tobacco and Firearms understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 HB962 10 of 27 felonysubsequently anddetermined that ineach additionperson tosatisfied any other penalties imposed by law, a conviction under this section shall result in the forfeiturerequirements of my18 federalU.S.C. firearms license." D.

§ 921 et seq.

I understand that any person convicted of making a false statement in this affidavit is guilty of a Class 5 felony and that in addition to any other penalties imposed by law, a conviction under this section shall result in the forfeiture of my federal firearms license." D.

duties of probation and of 27 parole officer.

Whenever a person is (i) convicted in a circuit court of any felony and (ii) referred to aE probation or parole officer for a report pursuant to § 19.2-299, or for probation supervision, the probation or parole of 27 officer shall inquire as to the citizenship of such person.

If upon inquiry it is determined that the person may not be an alien a citizen or national of the United States based upon his failure to producIproducR evidence of United States citizenship or status as a United States national, the probation or pNroleparole State Police in a format approved by the Exchange.tral Criminal Records Exchange of the DepartmentDepartmOnt of B.

The inquiry required by this section need not be made if it is apparent that a report on alien citizenship status has previously been made to the Central Criminal Records Exchange pursuant tRto this section.

L C.

It shall be the responsibility of the Central Criminal Records Exchange of the DepartmentDepartmentEof of State Police to review arrest reports submitted by law-enforcement agencies and reports of suspected D alien-status citizenship status inquiries made by probation or parole officers, and to report within sixty 60 days of final disposition to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement the identity of all convicted offenders suspected of being an alien believed to notnot§ be22.1-287. citizens or nationals of the United States.

CLimitations §on 22.1-287.access to records.s.

LimitationsA. on access to records.

E A.

H 1.

provided that a school board may require that such writtenpupil, consentif ofhe hisbe orless herthan parent18 foryears suchof access;tionage, as a condition precedent to access to such records, furnish6urnish 2.written consent of his or her parent for such access;

E 2.

The principal, or someone designated by him, of a school where the pupil attends, has attended, or intendsint4. to enroll;

H 4.

9 5.

State or local law-enforcement or correctional personnel, including a law-enforcement off2cer,officer, probation officer, parole officer, or administrator, or a member of a parole board, seeking information in the course of his duties;

officer, or administrator, or a member of a parole board, seeking information in 6.

A parent or pupil entitled to see the records pursuant to subdivision A 1 shall have access to all recordsonly relatingappear toin suchperson pupilduring maintainedregular byhours of the school exceptday as otherwise provided by law and needrequest material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent or pupil shall be entitled to readsee such materialrecords. personally.

Noneed material concerning such pupil shall be edited or withheld except as otherwise provided by law, and the parent or pupil shall be entitled to read such material personally.

A division superintendent of schools may, in his discretion, provide information to the staff of an suchinstitution informationof ishigher necessaryeducation toor aeducational research projectand ordevelopment studyorganization conducted, sponsored, or approvedlaboratory byif the institution of higher education or educational research and development organization or laboratory and if no pupil will be identified by name in the information provided for research;

The name and address of a pupil, the record of a pupil's daily attendance, a pupil's scholastic record in the form of grades received in school subjects, the names of a pupil's parents, a pupil's date and place of birth, and the names and addresses of other schools a pupil has attended may be released to an officer or employee of the United States government seeking this information in the course of his duties when the pupil is a veteran of military service with the United States, an orphan or dependent of such veteran, or an alien individual who is not a citizen or national of the United States;

dependent of 3.

The record of a pupil's daily attendance shall be open for inspection and reproduction to an employee of a local department of social services who needs the record to determine the eligibility of thethe4. pupil's family for public assistance and social services;

4.The principal or his designee may disclose identifying information from a pupil's scholastic record for the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior of 27 to adjudication.

TheIn addition to those agencies or personnel identified in subdivisions A 5 and 7, the principal or his designee may disclose identifying information from a pupil's scholastic record to attorneys for the purposeCommonwealth, ofcourt furtheringservices theunits, abilityjuvenile ofdetention thecenters juvenileor justicegroup systemhomes, tomental effectivelyand servemedical health agencies, state and local children and family service agencies, and the pupilDepartment priorof Juvenile Justice and to adjudication.the staff of such agencies.

In addition to those agencies or personnel identified in subdivisions A 5 and 7, the attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental HB962 12 of 27 and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies.

of 27 "American Health Benefit Exchange" means the program established as a component of the Exchange pursuant to this chapter that is designed to facilitate the purchase of qualified health plans orEr qualified dental plans by qualified individuals.

"Bureau" means the Bureau of Insurance, a division within the Commission through which it ofN 27 administers insurance law.

R "Certified application counselor" means individuals certified by the Exchange to perform theIdutiesthe describedduties indes"Commission" 45means C.F.R.the State Corporation Commission.

O "Committee" means the Advisory Committee established pursuant to § 155.255(c).38.2-6503.

NL "Committee""Director" means the AdvisoryDirector Committeeof establishedthe Division appointed by the Commission pursuant to § 38.2-6503.38.2-6502.

"Director""Division" means the DirectorHealth ofBenefit theExchange DivisionDivision, appointeda bydivision within the Commission pursuantthrough towhich §it 38.2-6502.administers the Exchange.

"Division"E means"Eligible theemployee" Healthmeans Benefitan Exchangeindividual Division,employed by a divisionqualified withinemployer thewho Commissionhas throRghbeen whichoffered ithealth administersinsurance coverage by such qualified employer through the Exchange.SHOP exchange.

D "Eligible employee"entity" means anthe individualBureau, employedthe byDepartment of Medical Assistance Services, or a qualified employervendor whothat has beendemonstrated offeredexperience healthon insurancea coveragestatewide byor suchregional qualifiedbasis employerin throughindividual theand SHOPsmall exchange.group carrier is not an eligible entity.nefits coverage;

Dhowever, "Eligiblea entity"health meanscarrier theor Bureau,an affiliate of a health "Essential health benefits package" means the Departmentscope of Medicalcovered Assistancebenefits Services,and orassociated alimits qualifiedof a health insurancebenefit marketsplan andthat in(i) provides benefits coverage;pursuant to § 38.2-3451;

however, a health carrier or an affiliate of a health carrier is not an eligible entity.

C "Essential health benefits package" means the scope of covered benefits and associated limitE of a health benefit plan that (i) provides benefits pursuant to § 38.2-3451;

(iii) limits cost-sharing for such coverage as describeddescribHd in 45 C.F.R.

6 "Exchange" means, as the context requires, either (i) the Division or (ii) the Virginia HealEh Benefit Exchange established pursuant to the provisions of this chapter and in accordance with § 1311(b) of theitthe Federal Act, through which qualified health plans and qualified dental plans are made available to qualified individuals through the American Health Benefit Exchange and to qualified employers through refers to both the American Health Benefit Exchange and the SHOP exchange.exchange.it Exchange, collectively "FAMIS" means the Family Access to Medical Insurance Security Plan, including the FAMIS Plus program, established pursuant to Chapter 13 (§ 32.1-351 et seq.) of Title 32.1.

"Exchange,""Federal whenAct" referringmeans to the Virginiafederal HealthPatient BenefitProtection Exchange, collectively refers to both the American Health Benefit Exchange and theAffordable SHOPCare exchange.Act, P.L.

H111-148, "FAMIS"as meansamended theby Family Access to Medical Insurance Security Plan, including the FAMISHealth Plus9Care program,and establishedEducation pursuantReconciliation toAct Chapter 13 (§ 32.1-351 et seq.) of Title2010, 32.1.P.L.

2 amended by the Health Care and Education Reconciliation Act of 2010, P.L.

The term does not include coverage only for accident or disability income insurance, or any combinationgeneral thereof;liability insurance and automobile liability insurance;

coverageworkers' issuedcompensation asor asimilar, supplementincluding to liability insurance;

liability insurance, including general liability insurance and automobile liabilitymedical payment insurance;

workers'credit-only compensationinsurance; or similar clinics;

coverage for onsite medical clinics;

§ 1071 et seq"Healthseq. carrier" or "carrier" means an entity subject to the insurance laws and regulations of the Commonwealth and subject to the jurisdiction of the Commission that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an insurer licensed to sell accident and sickness insurance, a health maintenance organization, a health services plan, a dental plan organization, a dental services plan, or any other entity providing a plan of health insurance, health benefits, or health care services.

(TRICARE);

or similar supplemental coverage provided under a group health plan.

"Health carrier" or "carrier" means an entity subject to the insurance laws and regulations of the Commonwealth and subject to the jurisdiction of the Commission that contracts or offers to contract to insurer licensed to sell accident and sickness insurance, a health maintenance organization, a healthing an services plan, a dental plan organization, a dental services plan, or any other entity providing a plan of of 27 health insurance, health benefits, or health care services.

"Minimum essential coverage" means coverage defined in 45 C.F.R.

§ 156.600.

HB962 14 of 27 "PHSA" means the federal Public Health Service Act, Chapter 6A of Title 42 of the United States Code, as amended.

of 27 All employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective E employees if they are legally eligible for employment in the United States.

The provisions of this section shall not be deemed to require any employer to use employmentemploymentN application forms.

ofR 27 § 46.2-328.1.

Licenses, permits, and special identification cards to be issued only to United Statesexceptions; citizens, legal permanent residents, or holders of valid unexpired nonimmigrant visas;

Irenewal, exceptions;duplication, or reissuance.olders of valid unexpired nonimmigrant visas;

renewal,O duplication,A. or reissuance.

NNotwithstanding any other provision of this title, except as provided in subsection G of L § 46.2-345, the Department shall not issue an original license, permit, or special identification card to any applicant who has not presented to the Department, with the application, valid documentary TL evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanenRpermanenE resident of the United States, (iii) a person with conditional resident alien of status in the United States, (iv) an approved applicant for asylum in the United States, (v) an entrant into the United States in refugee status, or (vi) a citizen of the Federated States of Micronesia, the Republic of Palau, or the DepublicRepublic of the Marshall Islands, collectively known as the Freely Associated States.

an applicant who presents in person valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States or an applicant for a REAL ID credential who provides evidence of temporary lawful status in the UnitEdUnited States as required pursuant to the REAL ID Act of 2005, as amended, and its implementing regulationsregulaHions may be issued a limited-duration license, permit, or special identification card.

Such limited-duration license, permit, or special identification card shall be valid only during the period of time ofo6 the applicant's authorized stay in the United States or if there is no definite end to the period ofoE authorized applicant's authorized stay ina theperiod United States is less than 30 days from the date of application.one year.

AnyNo limited-duration license, permit, or special identification card shall be issued pursuantif toan thisapplicant's subsectionauthorized shallstay clearlyin indicatethe thatUnited itStates is validless forthan a30 limiteddays periodfrom and shall state the date thatof itapplication. expires.

SuchAny alimited-duration license, permit, or special identification card issued pursuant to this subsection shall limited-duration license, permit, or special identification card may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the limited-durHtionlimited-duration license, permit, or special identification has been extended by a federal court or federal agen9yagency having jurisdiction over immigration.

2C. renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the for provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled canceled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to § 46.2-322.

TheAny requirementslicense, permit, or special identification card for which an application has been made for renewal, duplication, or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license, permit, or special identification card has not expired or been cancelled canceled, suspended, or revoked or (ii) the license, permit, or special identification card has been canceled or suspended as a result of the applicant of subsection A shall apply, however, to a renewal, duplication, or reissuance if the Department is notified by a local, state, or federal government agency that the individual seeking such renewal, dupD.duplication, or reissuance is neither a citizen of the United States nor legally in the United States.

D.

§A. 46.2-341.12.

ApplicationNo entry-level driver shall be eligible to (i) apply for a Virginia Class A or Class B commercial driver's license for the first time, (ii) upgrade to a Class A or Class B commercial learner'sdriver's permit.license for the first time, or (iii) apply for a hazardous materials, passenger, or school bus endorsement for the first time, unless he has completed an entry-level driver training course related to the license, classification, or endorsement he is applying for and the training is provided by a training provider.

driver's license for the first time, (ii) upgrade to a Class A or Class B commercial driver's license for the first time, or (iii) apply for a hazardous materials, passenger, or school bus endorsement for the first time, unless he has completed an entry-level driver training course related to the license, classification, or endorsement he is applying for and the training is provided by a training provider.

Every application to the Department for a commercial driver's license or commercial learner's permit shall be made upon a form approved and furnished by the Department, and the applicant shall write his usual signature in ink in the space provided.

The applicant shall provide the followinglfollowing information:inf1.

1.

of 27 3.

duty6. military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard HB962 16 of 27 Auxiliary pursuant to 49 U.S.C.

Domicile or, if not domiciled in the Commonwealth, proof of status as a member of the active duty military, military reserves, National Guard, active duty United States Coast Guard, or Coast Guard Auxiliary pursuant to 49 U.S.C.

The Department shall verify the name, date of birth, and social security number provided by the applicant with the information on file with the Social Security Administration for initial issuance of a of 27 commercial learner's permit or transfer of a commercial driver's license from another state.

The Department shall make a notation in the driver's record confirming that the necessary verificationverificatEon has been completed and noting the date it was done.

Every new applicant for a commercial driver's license or commercial learner's permit, includingincRuding any person applying for a commercial driver's license or permit after revocation of his driving privileges, of 27 who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerce shall provide the Department with an original or certified copy of a medical examiner'Iexaminer'sastate certificate prepared by a medical examiner as defined in 49 C.F.R.

Upon receipt of an NL appropriate medical examiner's certificate, the Department shall post a certification status of "certified" on the record of the driver on the Commercial Driver's License Information System.

Any new applicanttified"applicant for a commercial driver's license or commercial learner's permit who fails to comply with the TE requirements of this subsection shall be denied the issuance of a commercial driver's license oRor commercial learner's permit by the Department.

D H.

Every existing holder of a commercial driver's license or commercial learner's permit who certifies that he will operate a commercial motor vehicle in non-excepted interstate or intrastate commerDecommerce shall provide the Department with an original or certified copy of a medical examiner'sexaminer certificateas prepareddefined byin certificate,49 theC.F.R. Department shall post a certification status of "certified" and any other necessarys information on the record of the driver on the Commercial Driver's License Information System.

If§ an390.5. existing holder of a commercial driver's license fails to provide the Department with a medicalE certificate as required by this subsection, the Department shall post a certification status of "noncertified" on the record of the driver on the Commercial Driver's License Information System and initiate a downgrade of his commercial driver's license as defined in 49 C.F.R.

Upon receipt of an appropriate medical examiner'sd by certificate, the Department shall post a certification status of "certified" and any other necessary information on the record of the driver on the Commercial Driver's License Information System.

If an existing holder of a commercial driver's license fails to provide the Department with a medicalH certificate as required by this subsection, the Department shall post a certification status of "noncertified" on the record of the driver on the Commercial Driver's License Information System and initiate 6 downgrade of his commercial driver's license as defined in 49 C.F.R.

E I.

Any person who provides a medical certificate to the Department pursuant to the requirements of subsections G and H shall keep the medical certificate information current and shall notify the Department of any change in the status of the medical certificate.

If the Department determines that the medical certificate is no longer valid, the Department shall initiate a downgrade of the driver's commercial driver's license as defined in 49 C.F.R.

initiate a downgrade of the driver's J.

§ 390.5, the Department shall indicate the existence oHof such medical variance on the commercial driver's license document of the driver and on the record of9theof the driver on the Commercial Driver's License Information System using the restriction code "V." 2K. the medical variance information current and shall notify the Department of any change in the status of the medical variance.

Any holder of a commercial driver's license who has been issued a medical variance shall keep the medical variance information current and shall notify the Department of any change in the status of the medical variance.

§ 383.5.3L.

L.

A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his registration number assM.assigned by U.S.

Citizenship and Immigration Services (USCIS) alien registration number.

M.

"Acknowledgment" means a notarial act in which an individual at a single time and place (i) appears in person before the notary and presents a document;

(ii) is personally known to the notary or identified on the document was voluntarily affixed by the individualnotary forthrough thesatisfactory purposesevidence statedof withinidentity; the documentignature and, if applicable, that the individual had due authority to sign in a particular representative capacity.

and (iii) indicates to the notary that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity.

"Commissioned notary public" means that the applicant has completed and submitted the registration Commonwealthforms hasalong determinedwith that the applicantappropriate meetsfee to the qualificationsSecretary toof bethe aCommonwealth notaryand publicthe andeSecretary of the issues a notary commission and forwards same to the clerk of the circuit court, pursuant to this chapter.

"Copy certification" means a notarial act in which a notary (i) is presented with a document that is of 27 not a public record;

"Credential analysis" means a process or service that independently affirms the veracity of a standardsgovernment-issued ofidentity thecredential Secretaryby ofreviewing the Commonwealth.ing public or proprietary data sources and meets the HB962standards 18 of 27the "CredibleSecretary witness"of means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notaryCommonwealth. to confirm that individual's identity.

"Credible witness" means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to confirm that individual's identity.

a United States Passport Book, a United States Passport Card, a certificate of United States citizenship, a certificate of naturalization, a foreign passport, an alien registration a permanent resident card with photograph, a state issued driver's license or a state issued identification card or a United States military card or (ii) the oath or affirmation of one credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual of 27 or of two credible witnesses unaffected by the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in clause (i).

In thethE case of an individual who resides in an assisted living facility, as defined in § 63.2-100, or a nursing home, licensed by the State Department of Health pursuant to Article 1 (§ 32.1-123 et seq.) of Chapter 5 of Title 32.1 or exempt from licensure pursuant to § 32.1-124, an expired United States Passport Book,BRok, expired United States Passport Card, expired foreign passport, or expired state issued driver's license or state issued identification card may also be used for identification of such individual, provided that the of 27 expiration of such document occurred within five years of the date of use for identification purposespurposest the pursuant to this title.

In the case of an electronic notarization, "satisfactory evidence of idIntity"identity" may be based on video and audio conference technology, in accordance with the standards for electronicNvideoelectronic video and audio communications set out in subdivisions B 1, 2, and 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that suchnotarysuchE to identification is confirmed by (a) personal knowledge, (b) an oath or affirmation of a credible witness, or (c) at least two of the following:

(1) credential analysis of an unexpired government-issuedRgovernment-issuedD identification bearing a photograph of the principal's face and signature, (2) identity proofing by an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, (3) another identity proofing method authorized in guidance docDments, regulations, or standards adopted pursuant to § 2.2-436, or (4) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards andued,and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity CH Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions Ehereof,thereof, including the specifications published by the Federal Chief Information Officers Council in "Personal"Pe6sonal Identity Verification Interoperability for Non-Federal Issuers." DE "Seal" means a device for affixing on a paper document an image containing the notary's name and other information related to the notary's commission.

"State""Secretary" includesmeans anythe state,Secretary territory, or possession of the UnitedCommonwealth. States.

H § 50-73.52:6.

9 A.

The existence of a limited partnership may be canceled involuntarily by order of the Comm2ssionCommission whe1.when it finds that the limited partnership has:

1.

Failed to maintain a registered office or a registered agent in the Commonwealth as required by law;law3.

3.

givingB. it an opportunity to be heard and show cause why such an order should not be entered.

ThenershipBefore entering any such order, the Commission mayshall issue thea rule onagainst itsthe ownlimited motionpartnership orgiving onit motionan ofopportunity theto Attorneybe General.heard and show cause why such an order should not be entered.

The Commission may issue the rule on its own motion or on motion of the Attorney General.

The trustees shall thenits proceedproperties toas (i)are collectnot theto assetsbe ofdistributed thein limitedkind partnership;to its partners;

(ii)(iii) sell,pay, convey,satisfy, and disposedischarge ofitsof suchliabilities ofand itsobligations; properties as are not to be distributed in kind to its partners;

(iii) pay, satisfy, and discharge its liabilities and obligations;

After paying or adequately providing for the payment of all its obligations, the trustees shall distribute the remainder of its assets, either in cash or in kind, among its partners according to their respective rights and interests.

of 27 1.

or partners5. constituting a pattern or practice of employing unauthorized aliens unlawful employment in thets HB962 20 of 27 Commonwealth as described in that section.

Has been convicted for a violation of 8 U.S.C.

§ 1324a (f) 1324a(f), as amended, for actions of its partners constituting a pattern or practice of employing unauthorized aliens unlawful employment in the Commonwealth as described in that section.

Immigration and Naturalization Service of 27 Customs Enforcement may, following notification under § 19.2-294.2, take physical custody of and responsibility for any alien person who is not a citizen or national of the United States who isiE convicted of any (i) felony offense involving murder, rape, robbery, burglary, larceny, extortion, or abduction, or (ii) illegal drug violation designated as a felony under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.

The director, sheriff or other official in charge of the facility in which such alienaliRn person is incarcerated may enter into an agreement, which includes provisions relating to reimbursement, with the such alien person until he is deported or until other mutually satisfactory arrangements are made to transfer custody of such alien person to the Service U.S.

Immigration and Naturalization Service Customs Enforcement to retain custody or supervision of such alien person until he is deported or until other mutually satisfactory arrangements are made to of 27 transfer custody of such alien person to the Service U.S.

L § 53.1-220.2.

Transfer of certain incarcerated persons to Immigration and Customs I Enforcement.

NL The Director, sheriff, or other official in charge of the facility in which an alien a persoE who is not a citizen or national of the United States is incarcerated may, upon receipt of a detainer from U.S.

is not Immigration and Customs Enforcement, transfer custody of the alien such person to U.S.

Immigration and Customs Enforcement no more than five days prior to the date that he would otherwise be relRasedreleased from custody.

Upon transfer of custody, notwithstanding any other provision of law, the alien such personreleased.all shall receive credit for the number of days remaining before he would otherwise have been released.§ 55.1-100.

D § 55.1-100.

Any alien person, not an enemy, who is a noncitizen of the United States may acquire by purchase or descent and hold real estate in the Commonwealth, and such real estate shall be transmitted inHn the same manner as real estate held by citizens.

However, if, at the time of the transfer, a court of the Commonwealth determines that the laws of a foreign country or sovereignty effectively deny a ViEginiaVi6ginia resident, legatee, or distributee the benefit, use, or control of money or other property held inEn such foreign country or sovereignty, a judgment or order issued in the Commonwealth concerning the rights of a resident of that foreign country or sovereignty to the benefit, use, or control of money or property held in the Commonwealth may direct that the money or property be paid into the court for the benefit court or pursuant to the order or judgment of a court of competent jurisdiction.

A tax in an amount computed as provided in this section is imposed upon the transfer of rHalreal property and tangible personal property having an actual situs in the Commonwealth of Virginia 9ndand upon intangible personal property physically present within the Commonwealth of every person wh2who at theThe tax shall be an amount computed by multiplying the federaltime credit by a fraction, the numerator of whichdeath iswas thenot valuea ofresident that part of the gross estate over which Virginia has jurisdiction for estate tax purposes and the denominator of which is the decedent's gross estate taxable by the United StatesStates. wherever situated.

The tax shall be an amount computed by multiplying the federal credit by a fraction, the numerator purposes and the denominator of which is the decedent's gross estate taxable by the United Statesstate tax wherever situated.

Resident aliens Lawful permanent residents or conditional residents of the United States, or persons with substantial presence in the United States, shall be subject to the tax imposed by this chapter under § 58.1-903 when the decedent, at the time of death, was not a resident of Virginia but was States, or person with substantial presence in the United States, who, at the time of death, was aUnited resident of Virginia and a resident of the United StatesStates. shall be subject to the tax imposed by this chapter under § 58.1-902.

C.A lawful permanent resident alien or conditional resident of the United States, or person with substantial presence in the United States, who, at the time of death, was a resident of Virginia and a resident of the United States shall be subject to the tax imposed by this chapter under § 58.1-902.

ForCommonwealth purposesshall ofbe thisdeemed section,physically stockpresent inwithin athe corporationCommonwealth.er organized under the laws of the Commonwealth§ shall60.2-214. be deemed physically present within the Commonwealth.

§ 60.2-214.

"Employment" includes service performed by an individual in agricultural labor as defined in § 61.60.2-201 when:

1.

For some portion of a day in each of twenty 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor,ten including10 laboror performedmore byindividuals, anregardless alienof awhether noncitizenthey referredwere toemployed inat subdivisionthe 2same moment of thistime.ubsection, subsection,2. ten2.

Such service is not performed in agricultural labor by an individual who is an alien a noncitizen of 27 admitted to the United States to perform service in agricultural labor pursuant to 8 U.S.C.

For the purposes of this section any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of suc1.such crew leader if:

Such1. crew leader holds a valid certificate of registration under the Migrant and Seasonal HB962 22 of 27 Agricultural Workers Protection Act of 1983 (29 U.S.C.

Such crew leader holds a valid certificate of registration under the Migrant and Seasonal Agricultural Workers Protection Act of 1983 (29 U.S.C.

When the employment prior to the injury extended over a period of less than 52 weeks, the method of dividing the earnings during that of 27 period by the number of weeks and parts thereof during which the employee earned wages shall be followed, provided that results fair and just to both parties will be thereby obtained.

When, bybE reason of a shortness of time during which the employee has been in the employment of his employer or the casual nature or terms of his employment, it is impractical to compute the average weekly wages as above defined, regard shall be had to the average weekly amount which during the 52 weeks previouspreviRus to the injury was being earned by a person of the same grade and character employed in the same class of employmentempb. in the same locality or community.

b.When for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly L approximate the amount which the injured employee would be earning were it not for the injury.

When for exceptional reasons the foregoing would be unfair either to the employer or employee, such other method of computing average weekly wages may be resorted to as will most nearly of 27 approximate the amount which the injured employee would be earning were it not for the injury.

Whenever allowances of any character made to an employee in lieu of wages are a specifiedIpartspecified part of the wage contract, they shall be deemed a part of his earnings.

For the purpose of this titlN,titlE, the average weekly wage of the members of the Virginia National Guard and the Virginia Defense Force, registered members on duty or in training of the United States Civil Defense Corps of theethe Force,D Commonwealth, volunteer firefighters engaged in firefighting activities under the supervision and control of the Department of Forestry, and forest wardens shall be deemed to be such amount as will entRtleentitle themprovisions toof this title on behalf of members of the maximumNational compensationGuard payableor their dependents, or registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth or their dependents, shall be subject to credit for benefits paid them under existing or future federal law on account of injury or occupational disease covered by the provisions of this title;title.

however,H any3. award entered under the provisions of this title on behalf of members of the National Guard or their dependents, or registered members on duty or in training of the United States Civil Defense Corps of the Commonwealth or Dheir dependents, shall be subject to credit for benefits paid them under existing or future federal law on acc3.

Whenever volunteer firefighters, volunteer emergency medical services personnel, volunteer law-enforcement chaplains, auxiliary or reserve police, auxiliary or reserve deputy sheriffs, membersm6mbers of volunteer search and rescue organizations, volunteer members of community emergency response teEms, and volunteer members of medical reserve corps are deemed employees under this title, their average weekly wage shall be deemed sufficient to produce the minimum compensation provided by this title for injured workers or their dependents.

For the purposes of workers' compensation insurance premium calculations,meets the monthlydefinition payrollof for"emergency eachmedical volunteerservices firefighterpersonnel" orin volunteer§ who32.1-111.1 isshall anbe individualdeemed whoto beho $300.

the definition of "emergency medical services personnel" in § 32.1-111.1 shall be deemed to be 4.

"Award" means the grant or denial of benefits or other relief under this title or any rule aHoptedadopted pursuant thereto.

9 "Change in condition" means a change in physical condition of the employee as well as any ch2ngechange in the rightconditions to,under amountwhich of,compensation orwas durationawarded, of compensation.d, suspended, or terminated which would affect "Clientthe"Client company" means any person that enters into an agreement for professional employer services with a professional employer organization.

"Employee" means:

Every person, including aliens noncitizens and minors, in the service of another under any contract of hire or apprenticeship, written or implied, whether lawfully or unlawfully employed, except (i) one whose employment is not in the usual course of the trade, business, occupation or profession of the employer or (ii) as otherwise provided in subdivision 2 of this definition.definition.upation or profession of b.

b.

performingc. voluntary service to their unit in a nonduty status at the request of their commander.

Members of the Virginia National Guard, whether on duty in a paid or unpaid status or when performing voluntary service to their unit in a nonduty status at the request of their commander.

If a member of the National Guard who is fit to return to his customary civilian employment or self-employment remains unable to perform his military duties and thereby suffers loss of military pay which he would otherwise have earned, he shall be entitled to one day of income benefits for each unit trad.training assembly or day of paid training which he is unable to attend.

Members of the27 Virginiad. Defense Force.ich he is unable to attend.

Members of the Virginia Defense Force.

and (iii) secretaries and administrative assistants for officers and members of the General Assembly employed pursuant to § 30-19.4 and Commonwealth.scompensated as provided in the general appropriation act, who shall be deemed employees of the HB962Commonwealth. 24 of 27 g.

g.

Any sole proprietor, shareholder or member or the partners shall, upon such election, be of 27 entitled to employee benefits and be subject to employee responsibilities prescribed in this title.

When any partner or sole shareholder, member or proprietor is entitled to receive coverage underuEder this title, such person shall be subject to all provisions of this title as if he were an employee;

R o.

The independent contractor of any employer subject to this title at the election of such employer provided (i) the independent contractor agrees to such inclusion and (ii) unless the employer is self-insured, the employer's insurer agrees in writing to such inclusion.

L When any independent contractor is entitled to receive coverage under this section, such person shall of 27 be subject to all provisions of this title as if he were an employee, provided that the notices required under §§ 65.2-405 and 65.2-600 are given either to the employer or its insurance carrier.

IE However, nothing in this title shall be construed to make the employees of any independent Ncontractor contractor.thethe employees of the person or corporation employing or contracting with such independent p.contractor.

Thep. legal representative, dependents and any other persons to whom compensation may be payable when any person covered as an employee under this title shall be deceased.

RThe q.legal representative, dependents and any other persons to whom compensation may be payable wheq.

D r.

AmeriCorps members who receive stipends in return for volunteering in local, state and nonprofitnoHprofit ofagencies thisin title.ethe Commonwealth, who shall be deemed employees of the Commonwealth for the purposeUpurposes s.of this title.

Food6 Stamps. recipients participating in the work experience component of the Food Stamp C Employment and Training Program, who shall be deemed employees of the Commonwealth for the E purposes of this title.

Food Stamp recipients participating in the work experience component of the Food Stamp E Employment and Training Program, who shall be deemed employees of the Commonwealth for the R purposes of this title.

Temporary Assistance for Needy Families recipients not eligible for Medicaid participating in the workemployees experienceof componentthe ofCommonwealth for the Virginiapurposes Initiativeof forthis Educationtitle.ation and Work, who shall be deemed employees2. of the Commonwealth for the purposes of this title.

"Employee" shall does not mean:

H b.

Officers and employees of municipal corporations and political subdivisions of the Common9ealthCommonwealth who are elected by the people or by the governing bodies, and who act in purely administrative 2 capc.

Any taxicab or executive sedan driver, provided the Commission is furnished evidence that such inde.individual is excluded from taxation by the Federal Unemployment Tax Act.

Casuale. employees.from taxation by the Federal Unemployment Tax Act.

f.Casual employees.

Domestic servants.

However, this officerexemption whoshall is not paidapply salary or wages on a regular basis at an agreed upon amount and who rejectsve coverage under this title pursuant to §the 65.2-300operators shallof notunderground becoal includedmines asor antheir employeeemployees. for purposes of this subdivision.

An executive officer who is not paid salary or wages on a regular basis at an agreed upon amount and who rejects coverage under this title pursuant to § 65.2-300 shall not be included as an employee for purposes of this subdivision.

Employees of any common carrier by railroad engaging in commerce between any of the several states or territories or between the District of Columbia and any of the states or territories and any foreign nation or nations, and any person suffering injury or death while he is employed by such carrier in such commerce.

This title shall not be construed to lessen the liability of any such common carrier or of 27 to diminish or take away in any respect any right that any person so employed, or the personal representative, kindred or relation, or dependent of such person, may have under the act of Congress relating to the liability of common carriers by railroad to their employees in certain cases, approved April 22, 1908, or under §§ 8.01-57 through 8.01-62 or § 56-441.

volunteerk. emergency medical services agency when engaged in activities related principally topartment or HB962 26 of 27 participation as an individual who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or a member of such fire department whether or not the volunteer continues to receive compensation from his employer for time away from the job.

Except as provided in subdivision 1 of this definition, a member of a volunteer fire department or volunteer emergency medical services agency when engaged in activities related principally to participation as an individual who meets the definition of "emergency medical services personnel" in § 32.1-111.1 or a member of such fire department whether or not the volunteer continues to receive compensation from his employer for time away from the job.

Filing by first-class mail, electronic transmission, or facsimile transmission shall be deemed completed only when the document or other material transmitted reaches the of 27 Commission or its designated agent.

"Injury" means only injury by accident arising out of and in the course of the employment ororE occupational disease as defined in Chapter 4 (§ 65.2-400 et seq.) and does not include a disease in any form, except when it results naturally and unavoidably from either of the foregoing causes.

Such termtermny shall "Injury" does not include any injury, disease or condition resulting from an employee's voluntary:

or O 2.

Use of a motor vehicle that was provided to the employee by a motor vehicle dealer as defineddefLned by § 46.2-1500 and bears a dealer's license plate as defined by § 46.2-1550 for (i) commuting to or from workworSuch orterm (ii)shall include "Injury" includes any otherinjury, nonworkdisease, activity.or condition:

SuchL term1. shall include "Injury" includes any injury, disease, or condition:

Arising out of 27and 1.in the course of the employment of (a) an employee of a hospital as deEined in § 32.1-123;

Arising out of and in the course of the employment of (a) an employee of a hospital as defined in § 32.1-123;

(c) an employIeemployee of the Department of Health or a local department of health;

or (e) any person described in clauses (i) through (iv), (vi), and (ix) of subsection A of § 65.2-402.1 oth2.otherwise subject to the provisions of this title;

Resulting from (a) the administration of vaccinia (smallpox) vaccine, Cidofivir and derivatives thereof, or Vaccinia Immune Globulin as part of federally initiated smallpox countermeasures, oRor (b)(b)s transmission of vaccinia in the course of employment from an employee participating in such countermeasures to a coemployee of the same employer.

O"Professional clientemployer companyorganization" tomeans provideany professionalperson employerthat services.that enters into a written agreement wDthwHth a "Professional employer services" means services provided to a client company pursuant to aprovide wUitten agreement with a professional employer organizationservices. whereby the professional employer organization initially employs all or a majority of a client company's workforce and assumes responsibilities as an professional employer organization and the client company.

or9 shared"Professional byemployer theservices" agreementmeans betweenservices tEeprovided "Staffingto service"a meansclient anycompany person,pursuant otherto thana w2itten initially employs all or a professionalmajority of a client company's workforce and assumes responsibilities as an employer organization,for all coemployees that hiresare itsassigned, ownallocated, employeesor andshared assignsby themthe toagreement abetween clientthe toprofessional supportemployer ororganization supplementand the client'sclient workforce.company.

It"Staffing includesservice" temporarymeans staffingany servicesperson, other than a professional employer organization, that supplyhires its own employees toand clientsassigns inthem specialto worka situationsclient suchto assupport employeeor abs§supplement 66-3.2.the client's workforce.

AdditionalIt dutiesincludes oftemporary thestaffing Director.orkloads,services that supply employees to clients in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.

The Director shall forward to the Commonwealth's Attorneys' Services Council, updated on Ba monthly basis, a list of all juveniles, 14 years of age or older, that (i) have been committed to the Department,;

(ii) have been found guilty of a felony offense defined as a predicate criminal act under § 18.2-46.1, or have been adjudicated delinquent on the basis of an act that would be a felony and a predicate criminal act under § 18.2-46.1 if committed by an adult,;