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弗吉尼亚州法案和新法律要点

July 01, 2018

Each January the Virginia General Assembly convenes to consider passing new laws and repealing old ones. Delegates and State Senators meet for six or eight weeks in alternating years with the extra two weeks in years when a budget is voted on, such as this year. 一般来说,新法律将于7月1日生效st 除非立即或延迟颁布. 今年,联合国大会审议了3722项法案. 有些延续到2019年的会议, 另一些则未能在参众两院获得通过, 其中一些被州长否决了, 结果大约是1,500 new laws. 以下是一些通过和一些没有通过的重点.

Official Salamander—Thanks to the efforts of a small group of young conservationists (“Salamander Savers 4-H Club” in Fairfax), the Red Salamander (Pseudotriton ruber) was selected from the 50+ varieties of salamanders found in Virginia to be the official state salamander. 这个名称加入了其他国家标志,如官方的国家饮料(牛奶)。, 昆虫(虎燕尾蝶), 蛇(东部吊带蛇), 烈酒(乔治·华盛顿的黑麦威士忌). HB 459 

CBD Oil and THC-A Oil-在维吉尼亚州吸食大麻仍然是违法的. 只有9个州和哥伦比亚特区批准了大麻的娱乐性使用. All except for four states allow medical use of cannabis or some form of cannbidiol (CBD) oil or tetrahydrocannabinol acid (TCH-A) oil with a doctor’s prescription. The new Virginia law provides that a healthcare practitioner may issue a prescription for the use of CBD oil or TCH-A oil for the treatment, 或者缓解症状, 任何诊断条件或疾病,由医生确定,以受益于这种使用. This is an expansion from previous law that limited the use to alleviate the symptoms of intractable epilepsy. The bill increases the supply of oils from 30 days to 90 days and reduces the minimum amount of cannabidiol or tetrahydrocannabinol acid per milliliter for a dilution of the Cannabis plant to fall under the definition of CBD oil or THC-A oil. This bill carried an emergency clause so it went to effect immediately upon being passed and signed by the governor in March. HB 1251/SB 726 

Alcoholic Confectionery—Bakers, ice cream makers, and others can now add alcohol to their sweets to be consumed off-premises provided that there is five percent or less alcohol by volume and the alcohol is not in liquid form at the time such confections are sold. HB 1602/SB 61 

Grand Larceny Threshold—The threshold amount of money or value of goods taken at which the crime rises from petit larceny to grand larceny increases from $200 to $500. HB 1550/SB 105 

子女抚养费义务与配偶抚养费的变更—A new law establishes methods by which child support obligations can be calculated when there are multiple custody arrangements between parents of children subject to child support orders. HB 1361/SB 981 And, another new law provides that when a payor spouse reaches full retirement age pursuant to the federal Social Security Act, it shall be considered a material change in circumstances and basis for a request for modification by any person subject to a spousal support order.  SB 540 

面向后的儿童约束装置-面向前方的儿童约束装置,直到, at least, the child reaches two years of age or until the child reaches the minimum height and weight as prescribed by the manufacturer are prohibited. 研究表明,面向后的座椅可以更好地保护儿童的头部, 当车辆发生碰撞时,颈部和脊柱. 该法案的生效日期推迟至2019年7月1日. HB 708 

Housing; Installation and Maintenance of Smoke and Carbon Monoxide Alarms—This bill creates standards for the installation and maintenance of smoke and carbon monoxide alarms in rental property. The bill requires a landlord to install a smoke alarm and to certify annually that the alarm has been installed and maintained in good working order. 房东还必须根据房客的要求安装一氧化碳报警器. HB 609 

驾驶执照和路牌-应要求提供退伍军人身份证明, 机动车辆管理局(DMV)必须颁发驾驶执照, permits, 以及显示持证人是退伍军人的标识牌. HB 737 Also, 经要求及核实后, DMV must post and maintain signs informing drivers that a person with a disability may be present in or around the roadway. 特别提到的残疾是失聪, blind, 以及任何患有自闭症或智力或发育障碍的人. HB 505 

Deferral of Jury Service—This bill allows a court to defer a person’s jury service to a later term if the person is enrolled as a full-time student and is attending classes at an accredited public or private institution. HB 481 

Dogs and Wineries—This new law allows dogs, not just service animals, 在有执照的酿酒厂内部或场地上, 有执照的酒厂或有执照的啤酒厂, 用于制造或储存食品的区域除外.  HB 286 

Coon Hunting—Passage of this bill removed the prohibition on hunting or killing raccoons after 2:00 AM on Sunday. SB 375/HB 239 

Jamestown-Yorktown Foundation; Yorktown Victory Center—The name of the Yorktown Victory Center has been changed to the American Revolution Museum at Yorktown. HB 335 

The Following Bills Failed: 

Ratification of the Equal Rights Amendment (ERA) to the United States Constitution proposed by Congress in 1972—The joint resolution advocates that the Amendment remains viable and may be ratified notwithstanding the expiration of the 10-year ratification period set out in the resolving clause, as amended, 在国会通过的提案中. 忽略了可能已经晚了36年的可能性, 弗吉尼亚州的立法机构仍然没有批准《亚洲博彩平台排名》. HJ 2 

Repeal of Cursing in Public—Repeal of a law prohibiting cursing in public was left in committee and failed to make it to a full vote of the House so it remains a criminal offense (Class 4 misdemeanor) to profanely swear in public. 而美国宪法第一修正案. S. 宪法保护言论自由, the Supreme Court of the United States has recognized several categories of speech that states may regulate. HB 31 

通奸罪减刑—Passage would have reduced adultery from a criminal offense (Class 4 misdemeanor) to a civil offense carrying a penalty of not more than $250. 该法案已由众议院通过,但未在参议院委员会中通过, therefore, 它没有提交州长签署,也没有成为法律. HB 745/SB 610 

废止通奸法—In light of the 2003 U. S. Supreme Court precedent of Lawrence v. Texas 弗吉尼亚最高法院. Supreme Court, Martin v. Ziher 2005) ruled the law prohibiting fornication (sexual intercourse by an unmarried person with any other person) is unconstitutional, however, the law remains in the Code. There have been repeated attempts to repeal the outdated law but the current effort didn’t make it out of the Courts of Justice Committee. HB 138 

废除惩罚性损害赔偿限额—Elimination of the limit of the total amount of punitive damages that can be awarded in an action. 现行法律规定的限额为35万美元. HB 1305 

本文并不打算全面或完整. Selected bills have been taken from summaries prepared by the VA Division of Legislative Services and other sources. 如果这些法律对你个人有任何影响, you should check with a lawyer about specific concerns or read the actual law in its entirety. 

Kathryn Byler is a Pender & 亚洲博彩平台排名律师专注于房地产业务, small business, wills, trusts and estates matters.

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