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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
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2019 SESSION
Chairman: Richard H. Stuart
Clerk: Chad Starzer
Staff: Scott Meacham, David Barry
Date of Meeting: February 7, 2019
Time and Place: 30 minutes after adjournment, Senate Room A
Patron: Edmunds
Penalty for wanton waste. Changes from a Class 3 misdemeanor to a Class 2 misdemeanor the penalty for violating a regulation prohibiting wanton waste, or the allowing of a killed or crippled game animal or nonmigratory game bird to be wasted without making a reasonable effort to retrieve the animal.
A BILL to amend the Code of Virginia by adding a section numbered 29.1-553.1, relating to penalty for wanton waste.19100057D
Patron: Fowler
Hunting license; trip hunting license for residents. Allows Virginia residents to purchase a trip hunting license in lieu of the standard local or statewide hunting license. Current law allows only nonresidents to purchase a trip hunting license.
A BILL to amend and reenact § 29.1-303.1 of the Code of Virginia, relating to hunting license; resident trip license.19100458D
Patron: Orrock
Animal care; adequate shelter; exposure to heat or cold. Provides that the definition of "adequate shelter" includes the provision of shelter that protects the animal from exposure to heat or cold. Current law requires such shelter to protect the animal from the adverse effects of heat or cold.
A BILL to amend and reenact § 3.2-6500 of the Code of Virginia, relating to animal care; adequate shelter; adverse weather conditions.19100436D
Patron: Orrock
Animal fighting; probable cause where cocks tethered. Provides that when an animal control officer is determining whether certain cocks are used in animal fighting, the fact that one or more of the cocks are tethered shall be probable cause that such cocks have been, are, or are intended to be used in animal fighting.
A BILL to amend and reenact § 3.2-6571 of the Code of Virginia, relating to animal fighting; presumption where cocks tethered.19100448D
Patron: Fariss
Killing of nuisance species from an automobile. Authorizes killing a nuisance species on private property by the owner of such property or his designee from a stationary automobile or other vehicle.
A BILL to amend and reenact § 29.1-521 of the Code of Virginia, relating to the killing of nuisance species from an automobile.19101583D
Patron: Bulova
Dams; wetland vegetation. Exempts wetland vegetation growing on certain regulated impounding structures from the requirement that all vegetation be from such dams. The bill exempts vegetation associated with a wetland mitigation bank or in-lieu fee site that has regulatory approval and is the subject of a recorded, permanent instrument protecting the vegetation from removal. The bill allows the Department of Conservation and Recreation to require the dam owner to remove trees by flush cutting unless the Department determines on the basis of site-specific information that the grubbing of roots is necessary.
A BILL to amend and reenact § 10.1-609.2 of the Code of Virginia, relating to dams; wetland vegetation.19104995D
Patron: Bloxom
Riparian planting ground assignment eligibility. Authorizes the Commissioner of the Marine Resources Commission to assign to a land owner who is eligible to apply for riparian planting grounds only a planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground. The bill authorizes the Commissioner to consider assigning an area that the owner designates within his riparian waters and provides that the assignment shall not extend farther than the nearest edge of the channel or the middle of the body of water, whichever is the shorter distance. The bill removes a provision stating that the fee for such assignment shall be $1.50.
A BILL to amend and reenact § 28.2-600 of the Code of Virginia, relating to riparian planting ground assignment eligibility.19105174D
Patron: Orrock
Tethering animals; adequate space. Provides that a tether meets the requirement that an animal be given adequate space if the tether is four times the length of the animal or 15 feet long, whichever is greater, and does not cause injury or pain or weigh more than one-tenth of the animal's body weight. The bill provides that the walking of an animal on a leash by its owner shall not constitute tethering for the purpose of the definition of "adequate space."
A BILL to amend and reenact § 3.2-6500 of the Code of Virginia, relating to tethering of animals.19102116D
Patron: Marshall
Industrial hemp; federal Farm Bill; emergency. Conforms Virginia law to the provisions of the federal 2018 Farm Bill by amending the definitions of cannabidiol oil, marijuana, and tetrahydrocannabinol (THC) to exclude industrial hemp in the possession of a registered person, hemp products, or an oil containing no more than 0.3% THC. The bill defines "industrial hemp" as any part of the plant Cannabis sativa that has a concentration of THC that is no greater than that allowed by federal law, and it defines "hemp product" as any finished product that is otherwise lawful and that contains industrial hemp. The bill it adds the category of "dealer" in industrial hemp to the existing registration categories of grower and processor.
The bill requires any registered grower, dealer, or processor who negligently violates the law to comply with a corrective action plan established by the Commissioner of Agriculture and Consumer Services (the Commissioner). The plan must identify a date by which the person is required to correct the violation and requires the person to report periodically for not less than two calendar years on his compliance with the law. No person who negligently violates the industrial hemp law three times in a five-year period is eligible to grow, deal in, or process industrial hemp for a period of five years beginning on the date of the third violation.
The bill directs the Commissioner to (i) revoke the registration of any registered grower, dealer, or processor who violates the law with a culpable mental state greater than negligence and (ii) advise the Attorney General of the United States and the Superintendent of State Police, or the chief law-enforcement officer of the county or city, when such person grows, deals in, or processes any Cannabis sativa with a concentration of THC that is greater than that allowed by federal law with a culpable mental state greater than negligence.
The bill authorizes the Department of Agriculture and Consumer Services (the Department), if it obtains the approval of the U.S. Secretary of Agriculture, to refrain from requiring destruction of industrial hemp until the THC level is greater than 0.6%, and it authorizes the Department at that point to allow a re-test of the industrial hemp if the THC level is no greater than one percent.
The bill abolishes the higher education and Virginia industrial hemp research programs, along with the requirement that a grower or processor act exclusively within such a program. The bill authorizes the Commissioner to charge a fee for certain THC testing. Finally, the bill directs the Department to report by December 1, 2019, (i) to the General Assembly on the fiscal impact of the growth of the industrial hemp industry upon the Department's registration program and the existence of any need to alter the registration fee, and (ii) to the Chairmen of the House and Senate Agriculture Committees on the viability of markets for Virginia industrial hemp growers, the types of products made from industrial hemp that can be produced in Virginia, and the economic benefits and costs of production of such products. The bill includes an emergency clause.
A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 18.2-247, 54.1-3401, as it is currently effective and as it shall become effective, 54.1-3408.3, and 54.1-3446 of the Code of Virginia and to repeal §§ 3.2-4114.1 and 3.2-4117 of the Code of Virginia, relating to industrial hemp.19106006D
EMERGENCY
Patron: Ware
Permit fees; mineral mining. Increases from $16 per acre to $18 per disturbed acre beginning July 1, 2019, and increases to $20 per disturbed acre beginning July 1, 2020, $22 per disturbed acre beginning July 1, 2021, and $24 per disturbed acre beginning July 1, 2022, the fee a mining operator must pay when applying for a mining operation permit renewal.
A BILL to amend and reenact §§ 45.1-181 and 45.1-184.2 of the Code of Virginia, relating to permit fees; mineral mining.19105022D
Patron: Stolle
Oyster planting grounds; municipal dredging projects; compensation. Extends the duration of an exception, for municipal dredging, to the right of a person to lease oyster planting grounds, and establishes a procedure for determining compensation to such a leaseholder when his grounds are disturbed by such a dredging project.
The bill extends from 2019 to 2035 the sunset date for an exception to the leaseholder's right that allows certain municipal dredging projects to take place in the Lynnhaven River. The bill provides that when such a dredging project is proposed for leased grounds that are subject to beneficial use as oyster-planting grounds, the Commissioner of Marine Resources (the Commissioner) shall review the project to ensure that it avoids affecting such grounds to the maximum extent practicable and, if the project meets such standard, the Commissioner shall notify any leaseholder within the footprint of the proposed navigation channel, requesting a response within 60 days.
The bill then requires the locality to compensate the lessee for the use of the ground by coming to a voluntary agreement or entering into mediation if no agreement is made in 90 days. If the lessee refuses mediation or cannot come to an agreement with the locality within nine months of the offer of mediation, a court of competent jurisdiction shall determine and order fair compensation to the lessee. Finally, the Commission shall hold a hearing on the proposed project. If the compensation has been determined and the project has been approved by the Commission, the Commissioner shall issue the permit for the project. The bill contains technical amendments.
A BILL to amend and reenact § 28.2-618 of the Code of Virginia and to repeal the second enactment of Chapter 365 and the second enactment of Chapter 529 of the Acts of Assembly of 2017, relating to oyster grounds; dredging projects; sunset.19103694D
Patron: Tyler
State Forester; confidentiality of certain records. Requires the State Forester to hold certain records of the Department of Forestry in confidence unless directed otherwise by the Governor. The records include trade secrets and financial information, reports of criminal violations made to the Department by persons outside the Department, and records of an active administrative investigation.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1105.2, relating to State Forester; records; confidentiality.19101880D
Patron: Pogge
Animal remedies containing industrial hemp; exemption. Exempts animal remedies that contain industrial hemp from certain provisions governing animal remedies, including the requirement that the manufacturer or distributor of an animal remedy obtain a registration for such remedy from the Commissioner of Agriculture.
A BILL to amend and reenact § 3.2-4901 of the Code of Virginia, relating to animal remedies; exemptions.19101875D
Patron: Poindexter
Regional transportation sector emissions programs; participation by Commonwealth. Prohibits the Governor or any state agency from adopting any regulation establishing or bringing about the participation by the Commonwealth in the Transportation and Climate Initiative or any other regional transportation sector emissions program. The bill provides that the Commonwealth shall be allowed to participate in such a regional transportation sector emission program if the House of Delegates and the Senate of Virginia each adopt a resolution by two-thirds vote that specifically references and approves the regulatory text proposed for adoption by a state agency.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1184.1, relating to a prohibition on participation by Commonwealth in any regional transportation sector emissions program.19102723D
Patron: Edmunds
Forester title. Authorizes a person who has met the educational criteria for Certified Forester, as reviewed and officially recognized in writing by the Society of American Foresters (the Society), to use the title of "forester" in connection with any practice of forestry. Current law limits such use of the title to a person who holds a baccalaureate or higher degree from an institution of higher education, having completed a degree program that is accredited by the Society and meets the Society's minimum education criteria in certain fields of study. The bill provides that no person shall be appointed by the Governor to serve as State Forester unless he meets certain requirements as set out in the bill. The bill contains technical amendments.
A BILL to amend and reenact § 10.1-1181.9 of the Code of Virginia, relating to forester title.19105643D
Patron: Poindexter
Regional Greenhouse Gas Initiative; prohibition on participation by Commonwealth. Prohibits the Governor or any state agency from adopting any regulation establishing a carbon dioxide cap-and-trade program or bringing about the participation by the Commonwealth in a regional market for the trading of carbon dioxide allowances. The bill provides that the Commonwealth shall be allowed to participate in such a cap-and-trade program if the House of Delegates and the Senate of Virginia each adopt a resolution by a two-thirds vote that specifically references and approves the regulatory text proposed for adoption by a state agency.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-1184.1, relating to Regional Greenhouse Gas Initiative; prohibition on participation by Commonwealth.19103557D
Patron: Pogge
Livestock definition; alpaca. Adds animals of the genus Vicugna, which includes alpacas, to the definition of "livestock" in the Comprehensive Animal Care law. Under current law, the definition includes animals of the genus Lama, which includes llamas but does not include alpacas.
A BILL to amend and reenact § 3.2-6500 of the Code of Virginia, relating to livestock definition; alpaca.19103655D
Patron: Hope
Dangerous dog; deferral of proceedings. Authorizes a court to defer proceedings in the adjudication of an animal as a dangerous dog. Such authority requires the court to place conditions upon the owner of the animal, the violation of which shall authorize the court to proceed as it otherwise would have. The bill provides that upon the fulfillment of the conditions, the court shall dismiss the proceedings against the animal and the owner.
A BILL to amend and reenact § 3.2-6540 of the Code of Virginia, relating to dangerous dogs; deferral of proceedings.19105875D
Patron: Yancey
Watercraft; transfer by operation of law; transfer on death. States that a watercraft may be transferred by operation of law through the execution of a statement of transfer on death.
A BILL to amend and reenact § 29.1-733.20 of the Code of Virginia, relating to watercraft; transfer by operation of law; transfer on death.19105444D