New laws now in effect

A long list of laws enacted by the Virginia General Assembly took effect on July 1. The following summary is from WTOP:

TRANSPORTATION

Drivers’ licenses – Drivers will no longer have their licenses suspended for unrelated unpaid court fines. If your license has been suspended for this reason, you can apply for a new license or use your suspended license if it hasn’t expired.

Cell phones – It’s against the law to use a handheld cellphone while driving in a work zone. Texting or emailing while driving is already banned.

Speed cameras – Virginia State Police are also now authorized to use handheld speed cameras in highway work zones. This is the first time any kind of speed cameras are allowed in Virginia.

First responders – It’s now a misdemeanor, rather than a traffic infraction, for a first offence when drivers fail to move over or slow down when passing police or other first responders.

Drink driving – There are tougher penalties for drunk driving or drunk boating that result in serious injury.

Scooters – Local governments are authorized to regulate shared electric scooter or skateboard companies. Scooters could be allowed to go up to 20 mph. Scooters can be allowed on sidewalks and, if used in traffic, must be on the far right side of the road. Some parts of this bill won’t take effect until January.

Transportation taxes – New truck fees, a regional gas tax, and a statewide diesel tax will be phased in over the coming years to fund improvements on interstate highways, including I-81, I-66, and I-95.

Cut throughs – Fairfax County is authorized to issue permits enabling residents to ignore cut-through turn restrictions.

Child seats – Children must be in rear-facing car seats until age 2 or until they reach an appropriate weight.

Car registrations – Courts can now dismiss tickets for expired car registrations if the car owner provides proof of registration before the court date.

ID cards – The Virginia Department of Motor Vehicles can now offer special ID cards without a photo to people with religious beliefs that prevent them from being in pictures. The DMV can designate on ID cards that someone is blind or vision impaired.

Car inspections – Fees for car inspections are increased from $16 to $20.

Other vehicle laws –

• Cars used as taxicabs no longer need to have that designation on a title as part of a sale. 
• School bus operators are required to get more safety training.
• Insurance companies are blocked from refusing to issue car insurance to foster parents or foster kids. 
• Food trucks licensed in one Virginia locality can operate in any other locality.

EDUCATION


School calendar – The General Assembly essentially repealed the Kings Dominion Law, so schools can now open up to two weeks before Labor Day.

Teacher raises – The state budget funds teacher raises of up to 3 percent July 1 and 2 percent Sept. 1, if local school systems provide their share of the increases.

Parent input – Parents how have the chance to review any anti-bullying videos before their children see them in class. High school family life education classes are required to teach about the law and meaning of sexual consent.

Alternative education – The Virginia Department of Education must collect and publish information on how many students who had been expelled or suspended from regular schools are sent to alternative education programs.

Seclusion and restraint – The Virginia Education Department must review rules on seclusion and restraint of students and create safety standards.


School safety – Reviews of school building plans are required, as well as additional annual training requirements.

Electronic partitions – In response to the death of a Fairfax County student, Virginia will now require annual safety reviews of the use of electronic room partitions in schools. A partition will not be allowed to be opened or closed when students are in the room unless there is an automatic safety sensor to stop it if someone is in the way.


DRUGS AND ALCOHOL

Happy hour – Bars and restaurants can now advertise happy hours with actual prices and catchy slogans. In other alcohol-related changes, ABC stores can now open at 10 a.m. on Sundays and can issue new licenses for co-working spaces and special events in downtown areas.

Marijuana and THC –

• School nurses will not be prosecuted for giving THC oil to a student who has a doctor’s prescription, and school boards can set policies for THC oil. 
• Doctors are banned from mentioning marijuana prescriptions in advertising, but they can say they issue THC oil certifications.
• Virginia’s five licensed medical cannabis providers, called pharmaceutical processors, would have been limited to dispensing only oils when they open their doors later this year. Now, patients can expect to see products typical of compounding pharmacies, like capsules, topicals, lozenges, lollipops, and suppositories, with an allowance of up to 10 milligrams of THC each.
• Pets are also now allowed to get THC oil or other products with other marijuana-derived ingredients that are intended for animals.
• “Registered agents” will be able to provide access to medical cannabis to patients in hospice, assisted living facilities, or otherwise unable to pick it up themselves.

Naloxone and opioids – School nurses, emergency room employees, and regional jail works can now possess and administer Naloxone, a drug that reverse the effects of an opioid overdose. Medical providers will not be allowed to charge any more than the cost of buying the drug. People who call 911 to save someone who has overdosed no longer need to completely cooperate with investigators in order to get a waiver of prosecution under Good Samaritan rules.

Tobacco limits – The minimum age to purchase tobacco or vaping products is raised from 18 to 21, except for active-duty military members. Schools must ban the use of tobacco or vapes on school buses, school property, and at school-sponsored events. Schools must teach about the health and safety risks of using tobacco, vaping, and other nicotine products.


CRIMINAL JUSTICE

Prisons – The Department of Corrections can no longer turn away visitors wearing tampons. Policy reviews are required on the restraint of pregnant prisoners and on the number of people put in solitary confinement.

Drones – Police can use drones to look at the home of a person they have an arrest warrant for or as part of a chase of someone running away.

Cop killers – Capital murder of a law enforcement officer or public safety official now requires a mandatory minimum sentence of life in prison.

Deep fakes – Sharing photos or videos edited to make it appear like a person is in them is just as illegal as sharing real nude photos or images of someone without permission.

Sex tourism – A travel agent is guilty of a misdemeanor if they help arrange travel for the purpose of prostitution or sex with minors.

NDAs – At work, nondisclosure and confidentiality agreements that would keep sexual assault accusations secret are now invalid.

FAMILIES

Surrogacy – It’s now easier for same-sex couples or single people to have a child using an embryo that neither of the intended parents are genetically related to.

Child care – Home-based child care is considered a residential use under zoning and homeowners’ association policies unless the HOA explicitly bans it.

Family leave – State employees are guaranteed paid family leave and must be provided space to pump breast milk at work.

Minimum wage – Exceptions to the minimum wage have been lifted. In one example, babysitters who work 10 or more hours a week now qualify for minimum wage rules.

Reporting abuse – Clergy must now report suspicions of child abuse to authorities, except in cases in which their religion or legal privilege requires that the information be kept secret.

Autism – Up to now, insurance coverage was only required from age 2 to 10. That age cap has been lifted.

Jury duty – Parents or others responsible for the continuous care of children younger than 16 can get a multiyear exemption from jury duty.

ANIMALS

Dangerous dogs – A court can now defer a dangerous dog designation if the owner agrees to conditions for keeping the dog from injuring any other people or animals.

Pet protection – A pet outside in the heat must have shade, and a pet out in cold weather must have protection from the wind and some type of bedding. If tied up, pets must have at least a 10-foot leash or a leash that is three times their body length. The penalty for cruelty to animals is increased to a felony, even in cases in which the animal survives.

Hunting – There is a tougher penalty for “wanton waste,” or allowing killed or crippled game animals or birds to be wasted without making a reasonable effort to retrieve them. People are also now allowed to shoot certain animals such as coyotes, crows, and feral swine from cars on private property.

DEVELOPMENT

Proffers – In response to a previous law that restricted proffers, Virginia now allows for more negotiation and flexibility between local governments and developers. Another bill allows local governments to require sidewalks as part of new developments.

Amazon – The General Assembly authorized multimillion-dollar incentives to Amazon in Arlington and Micron in Manassas. Online retailers will need to collect Virginia sales taxes if they do at least $100,000 per year or 200 transactions with Virginia residents. Amazon was already doing that.