Early July 2021 Warren/Frederick County Report

Warren/Frederick County Report Virginia’s NEW LAWS

What to know about outdoor living spaces

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Page 2 • Warren/Frederick County Report • Early July, 2021

Summer 2021 witnesses Warren Memorial Hospital transition

Warren Memorial Hospital President Floyd Heater welcomes the first patient to cross the threshold of the new hospital, William C. Trenary, III, Warren County native and lifelong farmer whose father helped raise funds for the now-former hospital which opened in 1951. Courtesy Valley Health Systems.

The sign at the brand-new Warren Memorial Hospital at 351 Valley Health Way was unveiled at dawn on June 23, 2021. Courtesy Valley Health Systems.

By Carol Ballard Warren/Frederick County Report The first patients arrived from the 71-year-old Warren Memorial Hospital at 1000 Shenandoah Avenue, in Front Royal, to the brandnew facility on the hill above Leach Run Parkway at 6 a.m. on June 23.

Valley Medical Transport brought inpatients to their new rooms, complete with outstanding panoramic views.

“The hospital side is completely moved in, and everything went exceptionally well,” said WMH Vice President and Chief Nursing Officer Terri Mayes on June 30. “We’re very pleased with the planning that went into it.”

She gave credit to the move team and the Facilities Department Vice President Mark Baker, saying that this was one of the “best moves in Valley Health’s history.”

Mayes began by saying that the staff has been very busy because of the changes involved in learning

new equipment and navigating the building but overall “they are very positive and upbeat to be here as we all are,” she noted.

And Mayes, who has been a nurse for nearly 40 years, in a leadership role for more than 30 of them, spent the last nine years as

the hospital’s vice president.

She is pleased with the support from the Front Royal/Warren County community.

At the community open house held before the opening, the 90-person crowd was such a surprisingly big turnout that they had to divide it into manageable 10 to 20-person tours. She volunteered that many on the tours commented on how beautiful and modern the campus is, while focusing on the wellness concept and the 2.5-mile public hiking trail that was created behind the hospital through the philanthropy of local residents Fred and Christine An-

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“As health care providers, we want to prevent disease whenever we can. Exercise helps with this.

With the walking trails, wellness

is designed into it,” Mayes commented, then added, “I’ve seen lots of joggers on the trail coming up from Leach run Parkway to run.”

And one patient she talked to ion Department

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Early July, 2021 • Warren/Frederick County Report • Page 3

Valley Health’s signs showing that the move to the new facility has taken place, caused feelings of nostalgia in some staff members who had worked there for many years. Courtesy Dan McDermott.

later told her, “I’ve always loved WMH and it’s my hospital of choice, but these views make it so much better.”

When asked, Mayes gave a few statistics related to the facility’s brief history since opening day.

“There are 12 patients in the Medical/Surgical Unit (MSU) now, and six in the 12 Critical

Care Step-down rooms (formerly known as the Intensive Care Unit), but the most well-used has been the 18-bed Emergency Department.

“Since yesterday, we’ve had a record number of 82 visits!” she said.

So this was a good test for the following claim from Valley Health’s media release, “The 18-

bed Emergency Department is larger and more welcoming for EMS crews and waiting families.

It has a decontamination area, two trauma rooms with space for equipment and multiple staff, rooms equipped for bariatric and behavioral health patients, a dedicated imaging suite, and adjoining 5-bed Clinical Decision Unit.”

Clinical Educator and Chest Pain Coordinator Dee Scott, who spent 10 years at the former WMH in the Med/Surgery Department and has been very involved with the smooth functioning of the move, had a theory about the unusual number of new emergency patients.

“There was a steady flow of people in the emergency department yesterday which had increased a lot,” she said, then speculated that this was due in part to the usual surge in the summer with people camping, canoeing and fishing generating more accidents. Others, she said, possibly had put off medical treatment through the COVID-19 pandemic because of fears about safety inside medical facilities in general.

What to know about outdoor living spaces

Homeowners mulling outdoor living space projects should consider various factors before deciding to go ahead with a project.

Home trends come and go. What was popular as recently as a decade ago may have lost some luster in the eyes of today’s home buyers. Though that’s historically been the case in regard to real estate, outdoor living rooms are one relatively recent home trend that figures to have a longer shelf life, especially in the aftermath of a global pandemic during which people were encouraged to stay home as much as possible.

Real estate professionals and organizations like the National Association of Home Builders note the popularity of outdoor living spaces among prospective home buyers, and how that popularity has grown in recent years. Outdoor living rooms not only appeal to potential buyers, they also serve as a means for current home-

owners to get more out of their properties. Homeowners mulling outdoor living space projects should consider various factors before deciding to go ahead with a project.

• Cost: The home renovation resource HomeAdvisor estimates that the average cost of an outdoor living space is around $7,600. That cost can easily go up depending on where homeowners live and the features they want to have in their outdoor living spaces. For example, including a built-in fire pit in an outdoor living space will cost more than purchasing a stand-alone fire pit that can be picked up and moved. But many homeowners feel a built-in fire pit makes an outdoor living space even more special.

• Return on investment: Return on in-

vestment is another factor for homeowners to consider as they try to decide if they should install outdoor living spaces and how to design those areas. Much conflicting data about the ROI on outdoor kitchens can be found online, but many trusted real estate organizations report that such additions do not mesmerize prospective buyers. Data from the American Institute of Architects indicates that outdoor kitchens are routinely ranked among the least desirable home features, which means homeowners should not expect substantial ROI when selling their homes. But that built-in fire pit? Estimates from the National Association of Realtors suggest fire features recover around 67 percent of homeowners’ initial investment. In addition, 83 percent of homeowners surveyed by the NAR who had installed fire features said they had a greater desire to be home after completing the project.

• Space: An outdoor living space may only be as relaxing as the space allows. The proximity of neighbors may affect privacy levels, which can make it hard to enjoy movie night outdoors or curl up to quietly read a good book. In addition, landscaping also may need to be addressed if drainage is an issue in the backyard.

That can add to the cost, and drainage concerns may limit the materials homeowners can work with.

Outdoor living spaces are popular.

Homeowners must consider various factors before deciding if such spaces are for them.

One of the advantages the new facility has over the old one is the helipad that expedites Medevac support for rapid emergency care.

At the old hospital, the parking lot had to be cleared before the helicopters could land.

Mayes said since opening, the helicopter service has already been used on several occasions, transporting patients to Winchester and beyond.

Scott added some of her observations and those from other staff members.

“I feel like I have a brand-new job,” commented one of the nurses.

“It’s different, because we were contained in the old one, and now we’re more spread out,” Scott observed, and added, “On the day of the move, many of us were sad. I’d been there for 10 years.”

She said one of the staff passed

the old hospital and to mark the transition, made a point of taking pictures of the new signs covering the old ones.

And for one ER nurse who retired the day they moved; it was the end of a 40-year career at the old hospital.

But she kept on praising features of the new location.

One thing she loves is the feeling of beauty surrounding the hospital.

“I went out to the courtyard outside of the cafeteria for lunch today, and just looked around at the view,” she said.

“The new hospital is absolutely fabulous with up to the minute technologies and is much more effective,” Scott continued. “When you walk in, there’s a plate glass wall and you can see High Knob, Front Royal and Randolph-Macon See HOSPITAL, 4

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Page 4 • Warren/Frederick County Report • Early July, 2021

HOSPITAL, from 3

Academy. All the patient rooms have wonderful views. It’s magnificent and the combination of glass and wood give it kind of a lodge feel. It’s spacious and the ambiance is calming.”

“Florence Nightingale said that patients need natural light, fresh air, and cleanliness for healing,” she said. “What we’re all about here is healing.”

Safety features for patients are high on her list of the improvements and she described safety measures that are taken for people after surgery.

“When in the hospital, after surgery, (effects from) anesthesia can last up to 24 hours,” she said.

“It’s not like home, with the same furniture or layout of the room. etc., and with the new equipment, safety is improved.”

When patients who may have a high fall risk get up, there is a warning in five different languages, with a call bell system integrated with the beds to send an alarm.

Another unique benefit to patients according to Scott, are the latest MyChart features. “Warren Memorial Hospital is the first in the Valley Health System to get these,” she said.

The following are described in a Valley Health’s media release.

“MyChart Bedside offers hospitalized patients access to a tablet

and smart TV to facilitate sending and receiving messages with the care team, accessing test results and education materials, choosing meals, streaming favorite shows, playing games or listening to music.”

And Mayes said, “I’ve seen a lot of hospitals across the country, and this is one of the best. We’re excited and want the community to be excited with us,” she concluded.

But even with all the hospital’s outstanding new features, the story wouldn’t be complete without a mention of the lack of a maternity ward which has caused some consternation in the community.

Executive Director of the Front Royal Pregnancy Center, Kathy Clowes, MS is concerned about what women will do without this essential service, normally included in hospitals.

She sent the following email to the Warren/Frederick Report regarding the new hospital.

“At the Front Royal Pregnancy Center, we have the privilege of helping moms during their pregnancy with confirmation of pregnancy ultrasound and all sorts of practical support during their pregnancies and with prenatal and parenting education and infant supplies for the two years following their birth, all without tax money thanks to our donors.

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“We hope that in the future the hospital will add a labor and delivery wing. We expect to see at least 145 expected babies or more who come through our doors this year.

“And of course, there are lots of other babies born to this community. Around the country there is a rise in births per month-a boost of 15% more babies expected to be born each of the next few months through September.

“It is always a challenge for mothers to find their ideal plan for delivery.

“This challenge has been increased by the distance that Front Royal mothers now need to travel for delivery. Most of our moms are

choosing to deliver in Winchester.

Some have changed their doctor away from Front Royal if their local doctor does not deliver in Winchester.

“Some are being delivered by hospitalists and meeting that doctor for the first time at delivery after getting care by their local doctor.

“Some are traveling to Fairfax for OBs or Warrenton for OBs or midwives for care.

“Very few of our clients are going to midwives. Those who can afford it are going to birth centers to deliver. Some of that is due to fear of Covid.

“Some with short labors have

told us that they will be staying with friends who live close to the hospitals in other towns in the week before delivery as they don’t want to deliver in an ambulance.

“All are having to travel much further for delivery.

“A significant number of our clients do not have cars and so it is particularly difficult for them to get to the delivery room.

“We would hope that the trolley system would travel out to the new hospital to help with prenatal visits.

“Currently one can only get to Winchester Medical Center by taxi or by ambulance if you are without a car when you go into la-

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bor.

“It is good that the new hospital has helicopter access as we know that if a baby is born prematurely, the infant needs rapid transit to

a Neonatal Intensive Care Unit (NICU).

“Since babies are the future, we hope that the hospital will plan for the growth in the community by

Warren/Frederick County Report

Alison Duvall Sales Manager

P.O. Box 500 Front Royal, VA 22630 Call/Text: 540-551-2072 alisond@warrencountyreport.com

adding a wing to the hospital for Labor and Delivery, or by adding a birth center on their large campus and a surgical suite, and surgeon for the purpose of welcoming the local babies into our community,” Clowes concluded.

The following is the response from several folks about this issue.

When asked at the Topping Out Ceremony for the new hospital on August 8, 2019, Robert Meltvedt, MD, vice president of medical affairs at Warren Memorial Hospital, was sympathetic.

He said that when the hospital plan was proposed, he had been one of the holdouts on the issue and he wasn’t the only one, that

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Front Royal Family Practice and Multispecialty Clinic | Valley Health 351 Valley Health Way, Suite 200, Front Royal, VA Our team of experienced orthopedic providers will continue to offer the same high quality care you have come to expect from our practice. As an added benefit for patients, we will be located alongside other medical specialists in a single, convenient location that will serve as a central hub for specialty care in the region.

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everyone else had wanted to include a maternity department.

“But the reality, to make it work and be safe is that it takes a level of resources and volume that is not possible,” Meltvedt said. “Winchester Medical Center has the resources we don’t have, including mental health experts and specialized nurses, an operating room for C-sections, and better, safer care.”

In the recent interview, Dee Scott said, “Doctors are trained in neonatal and pediatric resuscitation, but they wanted it to be safer –to have patients go to the Winchester Medical Center.”

But she believes that if the community had the need, Valley Health might consider opening a maternal center.

“There is the acreage to expand,” she observed.

And Mayes had good news about transportation from town that Clowes mentioned.

“From where my office sits, I saw the (Front Royal) Trolley come through today,” she said.

Mayes continued with answers to questions on the transitions from the older familiar building.

Right now, it’s not clear what’s ahead for it, but when asked how it will be used, she said a Valley Health consultant will assess and report to their board for review but added that it would be nice to have something in place that will be beneficial to the Lynn Care Center.

According to Valley Health, Lynn Care, home to 120 long-term care residents and skilled nursing patients, will continue operating at 1000 N. Shenandoah Avenue.

The 40-bed nursing home includes a 26-bed memory support unit for residents with Alzheimer’s disease and dementia.

And for the latest developments at 351 Valley Health Way, on June

25, Front Royal Family Practice, slightly renamed Front Royal Family Practice and Multispecialty Clinic |Valley Health, moved in on level three to the medical building adjoining the hospital.

The orthopedic staff relocated on June 26, and other Multispecialty Clinic providers-cardiology general surgery, pulmonary medicine, urology and vascular surgery-will occupy Level Two on July 16.

When Mayes spoke at the June 8 ribbon cutting, she remained positive.

“Would we do it all over again?” she asked, then answered, “Absolutely! Minus the pandemic.”

– carol@areaguides.com

Warren/Frederick County Report P.O. Box 500 Front Royal, VA 22630 https://wfcreport.com/ Member, Virginia Press Association Publisher & Editor-in-Chief: Daniel P. McDermott editor@warrencountyreport.com Advertising Sales Manager: Alison Duvall: (540) 551-2072 alisond@warrencountyreport.com General Counsel: Georgia Rossiter (540) 535-2001 Managing Editor: Carol Ballard carol@areaguides.com (540) 551-0644 News Reporters: Tom Sayre: tom@areaguides.com Ken Thurman: wizardsrealestate@gmail.com Ashley Miller: ashley.a.l.miller@gmail.com Contributors: Kevin Engle: kevinengle456@comcast.net Mark Gunderman: gunderman2001@aol.com Copy Editor: Laura Biondi editor@warrencountyreport.com Billing Coordinator: Pam Cole billing@warrencountyreport.com Press releases should be emailed to: briefs@warrencountyreport.com

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Page 6 • Warren/Frederick County Report • Early July, 2021

Judge Sharp reverses himself, case against town council appointment revived

Attorney David Downes and Plaintiff Paul Aldrich share a light moment together outside the Warren County Courthouse on May 25.

By Thomas Sayre Warren/Frederick County Report The legal case alleging that Front Royal Town Council’s appointment of former member Jacob Meza to a vacant seat on council was improp-

er is back on after an initial ruling was reversed.

Warren County Circuit Court Presiding Judge William W. Sharp had initially granted a defense motion for a demurrer, meaning that even if all the factual allegations in

a complaint are true, they are insufficient to establish a valid cause of action.

On January 4, 2021, the town council conducted a special meeting and immediately made the appointment of former councilman Jacob Meza to the seat vacated by Chris Holloway when he assumed the duties as mayor.

The motion passed 4 to 1 by the council, with councilman Letasha Thompson the only one voting in the negative. Meza had been a councilman until four days prior but did not seek re-election.

The appointment proved immediately controversial. On social media some people responded with shock, outrage and said they couldn’t believe it. Front Royal Attorney David Downes filed a complaint against the Town of Front Royal and Jacob Meza on Monday January 11.

The crux of the legal case is that under the town charter, Section 47, there is a one-year rule that prohibits appointing a former councilman to any office under the jurisdiction of the council: “No member of the council of the Town of Front Royal shall be appointed or elected to any office under the jurisdiction of the council while he is a member of the council, or for one year thereafter, except that the council may appoint one of the members of the council as town treasurer with all or any part of the duties, powers, obligations and responsibilities of the town treasurer provided by this

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act. (1937)” Paul Aldrich was interviewed for the position and is the named plaintiff in the lawsuit.

Aldrich stated, “I want to make sure that they understand this is not me being sore as a loser. This is me being concerned about the town that I live in.” Adding, “I have no personal engagement with Mr. Meza. … I have nothing against him personally. I am concerned with the way it went through,” Initially Judge William W. Sharp ruled in favor of the defense’s motion for demurrer filed and argued by attorney Heather K. Bardot, associated with a Fairfax defense firm and the matter appeared headed for a quick death.

However, then the plaintiff filed a Motion for Reconsideration and on May 25, 2021, the matter was heard again in the Circuit Court of Warren County. Upon further consideration of the facts the court reversed itself in a written opinion dated June 4.

In a Memorandum filed by Bardot on behalf of her clients on June 17, she wrote “the defendants submit it was an abuse of discretion for the court to give plaintiff a second bite at the apple. Plaintiff was given a full and fair opportunity at the initial hearing and nothing new was offered (nor should it have been allowed) to justify the court reconsidering its prior ruling.”

Also, Bardot argues in her Memorandum that the court erred in allowing the plaintiff, as a citizen/ taxpayer, standing to seek a declaratory judgment. She states “He (the Plaintiff ) has not pled a single fact to suggest that the actions to which he complains have resulted in expenditures by the town which, under the Goldman v. Landsidle, 262 Va. 364, 552 S.E.2d 67 (2001) line of cases, would give him a ‘direct and immediate’ right to challenge the action by the town in the appointment of Meza.”

Further in the defendants’ Memorandum Bardot said, “the defendants object to the court pro-

viding guidance to plaintiff as to the correct cause of action which he should bring. It was unnecessary for the court, in ruling on the Demurrer to the claim for a writ of mandamus, to advise plaintiff that the cause of action which he really ought to bring is for a writ of quo warranto.”

By Order entered on the 21st day of June, “the Demurrer shall be and is hereby denied in part and sustained in part with Plaintiff having leave to file an amended complaint within 21 days of the entry of this Order for the reasons stated in the Court’s written opinion dated June 4, 2021, and consistent with that opinion.”

Going forward Downes said by email that he filed the Amended Complaint, and it was served on the defendants on Wednesday, June 23. The Town has 21 days to respond. Downes said, “I anticipate they will file a Demurrer on July 13 (exactly 21 days later).”

Downes anticipates on July 14 he will file a praecipe (A written order ‘also called a writ’ that commands a defendant to do something or to show why it should not be done) and, “I will request a hearing on the Demurrer on Motion’s Day which is the third Wednesday of every month, i.e., July 21. Assuming the Demurrer is denied (based on Judge Sharp’s prior ruling and the amendments made in the Amended Complaint, I am optimistic that their (Town’s) Second Demurrer will be denied in its entirety), the Court will give the Town leave to file an Answer,” Downes said.

Downes explained, “This is usually for 21 days which, in this case, is really silly since the Town has had over six months to ‘think’ about their Answer. Twenty-one days after July 21, 2021 will be August 10, 2021. I assume the Town will wait until the very last minute to file their Answer on that date. I will file a praecipe on the same day to schedule my Motion for Summary Judgment to be heard on August 17.”

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Early July, 2021 • Warren/Frederick County Report • Page 7

Before the Plaintiff can win their case on the merits, there appears to be one big issue that the Plaintiff needs to address that Judge Sharp has with Section 47 of the town charter.

In the Plaintiff ’s memorandum to the court, it states that Judge Sharp observed in the court’s Opinion letter dated June 4, that, “the Charter appears to bar council members from running for re-election (or for election as mayor) during or within a year of their term on council, and that that is contrary to prior practice and understanding of § 47.”

“This observation assumes that the word ‘elected’ in the context of § 47 is referring to a ‘regular municipal election’, as specifically modified in § 9 of the Town Charter, or a ‘Virginia general election’, as specifically identified in § 6 of the Town Charter. However, the historical context of the Town Code, parliamentary procedure and the Virginia Constitution at the time the Town Charter was ratified proves the framers intended an ‘election’ by members of council.

“The first Town Code was published in 1950 and supports the use of the term ‘elected’ when Council fills the position of an office under the jurisdiction of the council. Section 2-38 of the 1950 Town Code

states: The council shall elect an attorney for the town biennially, which attorney shall be elected at the first regular meeting in September 1932, or as soon thereafter as practicable, for a term of two years, beginning September 1, 1932. Such attorney must have been admitted to practice law in the courts of the Commonwealth of Virginia. (1938, ch. IV.)” (emphasis added). By contrast, the 1937 Town Charter, § 26, states: ‘The council may appoint a duly licensed attorney as town attorney.’ As an officer under the jurisdiction of council, the Framers in 1937 were using ‘elected’ and ‘appointed’ interchangeably. To avoid ambiguity by omitting one or the other, the Framers chose to prohibit ‘elected or appointed’ to any office under the jurisdiction of council.”

“When the Town Charter was ratified in 1937, the governing parliamentary procedure was Robert’s Rules of Order, Fourth Edition, published in 1915. Section 66 governed the procedures for nominations and elections. The first sentence states, ‘Before proceeding to an election to fill an office it is customary to nominate one or more candidates.’ This indicates that the council would proceed with an ‘election’ to fill the vacant seat left

by Councilman Holloway.

Also addressed are the issues of

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the Rules of House of Delegates of 1937 ‘elected’ officers, and the Virginia Constitution of 1776 ‘appointed or elected’ judges.

Downes concludes in the Plaintiff ’s memorandum that “The word ‘elected’ in Town Charter § 47 is a reference to an election among councilmen, not a municipal general election among qualified voters. This interpretation is consistent with the Front Royal Town Code, the applicable parliamen-

tary procedures rules, and Virginia Constitution in place at the time of the drafting and ratification of the Town Charter.

“Moreover, the Front Royal Town Council has never elected or appointed a former councilman to the office of council within one year after his term as councilman expired. Consequently, the practice of not electing or appointing a former councilman within one year of their term also supports this inter-

pretation.”

On January 5, 2021 we requested a copy of emails related to the appointment and the town charter.

Rather than simply forward the emails under the Freedom of Information Act, Town Manager Steven Hicks sent us an invoice for $3,213.74 so the town’s most expensive employees could spend 50.5 hours researching and reviewing them. We have not seen the emails.

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Page 8 • Warren/Frederick County Report • Early July, 2021

INDICTMENTS June 2021 Indictments 2021- April term Jhon Jairo Lopez The Warren County Va. Circuit Court Grand Jury charges that: on or about March 9, 2021 in the County of Warren, Jhon Jairo Lopez, 25, of the 30000 block of Springs Lane, Norcross, GA 30092, did unlawfully and feloniously, while being a prisoner in a state, local or community correctional facil-

ity or in the custody of an employee thereof, willfully tamper with, damage, destroy, deface or disable a fire protection or fire suppression system, equipment, or sprinklers within a correctional facility.

Thacker, 42, of 541 S. Royal Ave., Front Royal, VA 22630, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Methamphetamine listed in Schedule II of the Drug Control Act

Harley Davidson Thacker The Warren County Va. Circuit Court Grand Jury charges that: on or about September 25, 2020 in the County of Warren, Harley Davidson

Nathaniel Edward Green, III The Warren County Va. Circuit Court Grand Jury charges that: on or about January 23, 2021 in the County of Warren, Nathaniel Edward Green, III, 42, of the 100 block of Fox Dr., Winchester, VA 22603, did unlawfully and feloniously, knowingly and intentionally possess or transport a firearm after having previously been convicted of a non-violent felony within the prior ten (10) years.

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James Michael Rawls The Warren County Va. Circuit Court Grand Jury charges that: on or about February 18, 2021, in the County of Warren, James Michael Rawls, 34, of the 800 block of Virginia Ave., Front Royal, VA 22630, did unlawfully and feloniously impede the blood circulation or respiration of Sherri Dawn Kisner without such person’s consent by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in wounding or bodily injury.

Adam Vincent Edwards The Warren County Va. Circuit Court Grand Jury charges that: on or about November 20, 2020 in the County of Warren, Adam Vincent Edwards, 41, of the Blue Ridge Motel, Front Royal, VA 22630, did unlawfully and feloniously possess a controlled substance, to-wit: Fentanyl classified in Schedule II with the intent to manufacture, sell, give, or distribute.

Charles Dominique Williams The Warren County Va. Circuit Court Grand Jury charges Charles Dominique Williams, 28, of the 3000 block of Elm St., Upper Marlboro, MD 20772, with two counts. COUNT ONE: Dominique Williams did unlawfully

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and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Eutylone listed in Schedule I of the Drug Control Act. COUNT TWO: did unlawfully and feloniously drive or operate a motor vehicle while having a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath; or while under the influence of alcohol; or while under the influence of a narcotic drug or other self-administered intoxicant or drug, or a combination of drugs, to a degree which impaired the accused’s ability to drive or operate a motor vehicle safely; or while under the combined influence of alcohol and a drug or drugs to a degree which impaired the accused’s ability to drive or operate a motor vehicle safely.

Date of the offenses was on or about May 9, 2020 in the County of Warren.

James Allen Santmyers, Jr. The Warren County Va. Circuit Court Grand Jury charges that: on or about January 23, 2020 in the County of Warren, James Allen Santmyers, Jr., 53, of the 200 block of Andrews Rd., Front Royal, VA 22630, did unlawfully and feloniously, having received a visible or audible signal from a law-enforcement officer to bring his motor vehicle to a stop, drive such motor vehicle in a willful or wanton disregard of such signal so as to interfere with or endanger the operation of the law-enforcement vehicle or endanger a person.

Charles Anthony Poole The Warren County Va. Circuit Court Grand Jury charges that: on or about August 15, 2020 in the County of Warren, Charles Anthony Poole, Jr., 38, of the 11000 block of Edenton Rd., Partlow, VA 22534, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, towit: Cocaine listed in Schedule II of the Drug Control Act. Vincent Anthony Bailey The Warren County Va. Circuit Court Grand Jury charges that: on or

about February 8, 2021 in the County of Warren, Vincent Anthony Bailey, 19, of the 300 block of Pine St. Front Royal, VA 22630, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Fentanyl listed in Schedule II of the Drug Control Act. Taalib Sean Doyle The Warren County Va. Circuit Court Grand Jury charges that: on or about September 3, 2020 in the County of Warren, Taalib Sean Doyle, 34, of the 200 block of Norwood Rd., Staunton, VA 24401 did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Etizolam listed in Schedule I of the Drug Control Act. Richard Eric Monahan The Warren County Va. Circuit Court Grand Jury charges that: on or about October 20, 2020 in the County of Warren, Richard Eric Monahan, 53, of the 14000 block of Belvedere Dr., Woodbridge, VA 22193 did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Etizolam listed in Schedule I of the Drug Control Act. Paul Willard Hicks The Warren County Va. Circuit Court Grand Jury charges that: on or about August 15, 2020 in the County of Warren, Paul Willard Hicks, 51, address unknown, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Cocaine listed in Schedule II of the Drug Control Act. Joseph Alan Dodson The Warren County Va. Circuit Court Grand Jury charges Joseph Alan Dodson, 41, of the 200 block of Fletcher St., Front Royal, VA 22630, with two counts. COUNT ONE: In the County of Warren, Joseph Alan Dodson did unlawfully and feloniously rape R.R., by having sexual intercourse when such act was accomplished against the vic-

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Early July, 2021 • Warren/Frederick County Report • Page 9

tim’s will by force, threat or intimidation of or against the victim or another person. COUNT TWO: did unlawfully and feloniously by force, threat, intimidation, or deception and without legal justification or excuse, seize, take, transport, detain, or secrete R.R., with the intent to deprive her of her personal liberty. Dates of the offenses were on or about August 15, 2020 and February 2, 2021.

Deborah Ann Johnson The Warren County Va. Circuit Court Grand Jury charges that: on or about October 1, 2020, in the County of Warren, Deborah Ann Johnson, 55, of the 100 block of Fox Lane, White Post, VA 22663, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Cocaine listed in Schedule II of the

Drug Control Act.

15, and 21, 2020.

Travis Wade Jeffries The Warren County Va. Circuit Court Grand Jury charges Travis Wade Jeffries, age and address unknown, with three counts. COUNT ONE In the County of Warren, Travis Wade Jeffries did unlawfully and feloniously forge, with the intent to defraud and to the prejudice of another’s rights, a draft or check, or any other writing.

COUNT TWO: did unlawfully and feloniously utter or attempt to employ as true Circle K. Gaming Ricket, knowing such documents to be forged.

COUNT THREE: did unlawfully and feloniously, unlawfully and feloniously forge, with the intent to defraud and to the prejudice of another’s rights, a draft or check, or any other writing. Dates of the offenses was on or about November

Thomas Alexander Scott The Warren County Va. Circuit Court Grand Jury charges that: on or about January 14, 2021 in the County of Warren, Thomas Alexander Scott, 24, address unknown, did unlawfully and feloniously and intentionally possess a controlled substance, to-wit: Buprenorphine classified in Schedule III of the Drug Control Act, without a valid prescription.

Thomas Alexander Scott The Warren County Va. Circuit Court Grand Jury charges that: on or about February 11, 2020 in the County of Warren, Thomas Alexander Scott, 24, address unknown, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance,

to-wit: Methamphetamine listed in Schedule II of the Drug Control Act. Lauren Tyice Roberts The Warren County Va. Circuit Court Grand Jury charges that: on or about May 31, 2020 in the County of Warren, Lauren Tyice Roberts,34, of the 100 block of E. 14th St., Front Royal, VA 22630, did unlawfully and feloniously and maliciously, set fire to or burn or destroy by any explosive device or substance, or cause to be burned personal property valued at one thousand ($1000) or more belonging to John Roberts (brother).

Dominic Gerarld Giovinazzo The Warren County Va. Circuit Court Grand Jury charges that: on or about January 9, 2021 in the County of Warren, Dominic Gerarld Giovinazzo, 68, of the 1000 block of Harmony Orchard Rd., Front Royal, VA 22630, did unlawfully and feloniously by force, threat, intimidation, or deception and without legal justification or excuse, seize, take, transport, detain, or secrete Denelda Giovinazzo, with the intent to deprive her of her personal liberty.

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Thomas Patrick Gilmore The Warren County Va. Circuit Court Grand Jury charges that: on or about July 29, 2020 in the County of Warren, Thomas Patrick Gilmore, 20, of the 200 block of Country Club Dr., Leesburg, VA 20175, did unlawfully and feloniously sell, give, or distribute or possess with the intent to sell, give, or distribute, more than one-half ounce but not more than five pounds of Marijuana.

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Isaiah Andrew Lómax The Warren County Va. Circuit Court Grand Jury charges that: on or about August 22, 2020 in the County of Warren, Isaiah Andrew Lómax, 31, of the 24000 of Mussel White Rd., Waverly, VA 23891, did unlawfully and feloniously, knowingly and intentionally possess a controlled substance, to-wit: Eutylone listed in Schedule I of the Drug Control Act.

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Page 10 • Warren/Frederick County Report • Early July, 2021

Friday, July 2, 2021: A chance of showers, mainly before 2pm. Mostly cloudy, then gradually becoming sunny, with a high near 80. Northwest wind 3 to 8 mph. Chance of precipitation is 30%.

Friday Night: A slight chance of showers before 2am. Mostly clear, with a low around 57. Northwest wind around 5 mph becoming calm in the evening. Chance of precipitation is 20%.

Saturday: Mostly sunny, with a high near 78. Northwest wind around 7 mph.

Saturday Night: Mostly clear, with a low around 58.

Independence Day: Sunny, with a high near 84.

Sunday Night: Mostly clear, with a low around 62.

Monday: Sunny, with a high near 91.

Monday Night: Mostly clear, with a low around 66.

Tuesday: Sunny, with a high near 93.

Tuesday Night: Mostly clear, with a low around 67.

Wednesday: A chance of showers and thunderstorms. Sunny, with a high near 93. Chance of precipitation is 30%.

Wednesday Night: A chance of thunderstorms. Partly cloudy, with a low around 67. Chance of precipitation is 30%.

Thursday: A chance of showers and thunderstorms. Mostly sunny, with a high near 91.

you’ve already had lunch.

You won’t want any hot dogs afterward, or anything for that matter.

Seeing a bunch of guys and women downing as many dogs as they possibly can in ten minutes makes one queasy.

I get nauseous just thinking about it now.

The current women’s record is 48½.

The guy’s is 73.

Imagine that.

Or don’t.

Seventy-three hot dogs AND buns in 10 minutes.

That’s amazing.

Disgusting is probably a more accurate description.

Do you know how long it would take me to eat 73 hot dogs?

About 73 days.

I’ve always been a slow eater, typically the last one to finish.

I’d never make it in the world of competitive eating.

But if I were to try, what would I go after?

How about apples?

Or carrots?

For once I’d get my daily recommended amount of fruits and veggies.

Nah, I couldn’t do it.

Not even stuff I like to eat.

I’d never want them again.

I think we’ll pass on the hot dogs this year.

Suddenly they don’t sound all that

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I like the 4th of July.

Parades and picnics.

Food and fireworks.

Hot dogs and hamburgers.

Happy birthday America.

I take that back.

I’ve never been big on parades.

And picnics are ok, as long as the ants don’t show up.

I do love fireworks, although there was that time I fell asleep in the car before they even started. I missed it all.

And this 4th, like most others, I’ll crank up the grill and cook some burgers and dogs.

What won’t I do?

Turn on the TV to watch the annual Hot Dog Eating contest.

I’ve seen it a few times and that’s more than enough to last me forever.

Trust me, if you tune in, make sure

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Early July, 2021 • Warren/Frederick County Report • Page 11

appetizing.

The author’s recent birthday involved a modest amount of cake and ice cream. He ate slowly. No brain freeze.

– kevinengle456@comcast.net The Best of Engle’s Angle is available online or pick up a signed copy at a local bookstore.

Ask Stewart Q: Why don’t trees like riddles?

A: Because they always get stumped!

While we hope our trees live as long as the Redwoods, there will come a time when they become stumps. Here are some creative ideas for what to do with your tree stump: 1. Picnic Table – glass or wood top 2. Chainsaw sculpture 3. Chair or bench 4. Flower pot 5. Bird bath or bird house 6. Tic Tac Toe, Chess, or Checkers board 7. Whimsical Fairy land or Gnome Home 8. The base for a treehouse

9. Decorative toadstool 10. Base for metal lawn art display Then there are times that you have a stump or multiple stumps that just have to go away because they are eyesores, tripping hazards or lawnmower blade killers. You can hire a professional tree stump remover, which can cost more than removing an entire tree. Or you can try to do it yourself.

Here are 3 options for tree stump removal: 1. Manually Digging the Stump Out – Difficulty: Hard – but probably the best way to get rid of it when it’s a small or medium sized stump, or one from an old tree.

2. Chemically Removing the Tree Stump -- Difficulty: Easy – but takes a number of weeks to work, and you have to protect children and pets from wandering into the chemically treated area.

3. Grinding the Stump with a Stump Grinder – Difficulty: Very Hard -- undoubtedly the fastest way to get rid of a stump. But by far the most difficult method especially if you have never handled heavy machinery before. Also, stump grinder rentals are expensive.

Your Pal in the Trees, – Stewart The Front Royal/Warren County Tree Steward program began in 1997 with volunteers dedicated to improving the health of trees by providing educational programs, tree planting and care

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demonstrations, and tree maintenance throughout the community. The group now consists of over 30 active members with several interns working toward becoming certified tree stewards from our annual “All About Trees Class”. Each month Stewart will answer a question from our readers. Please forward it to “Stewart” in care of: frwctreestewards@comcast.net and we may publish it in a future issue.

Please visit our website at: www.treesfrontroyal.org

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Virginia’s new laws Page 12 • Warren/Frederick County Report • Early July, 2021

Following is a selection of legislation passed by the 2021 Regular Session and Special Session I of the General Assembly that is likely to affect the daily lives of the citizens of Virginia. The following legislation has been signed by the Governor and for the most part will go into effect on July 1, 2021. The summaries were prepared by the staff of the Division of Legislative Services.

Complete information on actions of the 2021 Regular Session and Special Session I is available on the Legislative Information System: http://lis.virginia. gov/ Alcoholic Beverage Control HB 1845. Alcoholic beverage control; license fee reform; delay; emergency. The law, which became effective on March 11, 2021, delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the law allows on-premises wine or beer licensees to sell wine or beer for offpremises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit..

HB 1879/SB 1299. Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption. The law allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the law. The law allows the Board to summarily revoke a licensee’s privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the law or applicable provisions of current law. The law also allows farm winery licensees to sell pre-mixed wine for off-premises consumption. The law directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021. The provisions of this law sunset on July 1, 2022.

HB 2266/SB 1471. Alcoholic beverage control; designated outdoor refreshment area license. The law renames the “local special events” license as the “designated outdoor refreshment area” license. The law allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration.

Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health

Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The law also increases the state and local license fees for designated outdoor refreshment area licenses issued pursuant to a local ordinance.

Animal Care & Control SB 1135. Dangerous dogs; procedure for adjudication; penalty. The law restructures the procedure for adjudication of a dog as a dangerous dog to provide for (i) written notice by an animal control officer to the owner of the dog that he has applied for a summons, and a prohibition on disposal of the dog by the owner for 30 days; (ii) the issuance of a summons with an op-

tion rather than a requirement that the officer confine the dog, a prohibition on the disposal of the dog other than by euthanasia, and an authorization for the court to compel the implanting of electronic identification; (iii) the holding of a hearing within 30 days unless good cause is shown; (iv) the authority of the court if deferring further proceedings without adjudicating to compel the implanting of electronic identification; and (v) a limit of 30 days for any appeal of a dangerous dog adjudication. The law authorizes an officer to obtain a summons for a hearing to determine whether a dog that has

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Early July, 2021 • Warren/Frederick County Report • Page 13

been surrendered is a dangerous dog and provides that any dangerous dog not reclaimed from the animal control officer within 10 days of notice shall be considered abandoned. The law imposes new requirements for the transfer of dangerous dogs, requiring a releasing agency that is transferring or releasing for adoption a dangerous dog in the Commonwealth to notify the receiving party of the legal requirements for keeping a dangerous dog. If the agency is transferring the dog outside the Commonwealth, it is required to notify the appropriate animal control officer of the dog’s adjudication as dangerous. An owner who is bringing a dog found to be dangerous in another state to reside in the Commonwealth shall notify the local animal control officer. Any owner who disposes of a dangerous dog by gift, sale, transfer, trade, or surrender shall notify the receiver in writing of the dog’s adjudication as dangerous, with a violation penalized as a Class 3 misdemeanor. Finally, the law provides that if a dangerous dog adjudication occurred within 60 days of the end of the calendar year, the first renewal of the dangerous dog registration shall be included in the initial registration

at no additional charge.

SB 1412. Pet shops, dealers, and dog breeders; employees convicted of animal cruelty; penalty. The law prohibits any person from serving as an owner, director, officer, manager, operator, member of staff, or animal caregiver for a pet shop, dealer, or commercial dog breeder if such person has been convicted of animal cruelty. The law prohibits pet shops from selling or giving for adoption a dog without first obtaining a signed statement from the purchaser or adopter that such person has never been convicted of animal cruelty. A violation of any such requirement is a Class 1 misdemeanor.

SB 1417. Animal testing facilities; adoption of dogs and cats; civil penalty. The law requires any animal testing facility, defined in the law, that no longer has need for a dog or cat in its possession that does not pose a health or safety risk to the public or itself to offer, for a reasonable period of time prior to euthanasia, such dog or cat for adoption to a releasing agency or through a private placement or in the case of a testing facility operated by an agency or institution of higher educa-

tion, develop its own adoption program. The law authorizes an animal testing facility to enter into an agreement with a releasing agency for the implementation of the adoption. Violation is subject to a civil penalty of not more than $5,000 and any court costs and attorney fees.

Civil Procedure HB 2139. Accrual of cause of action; diagnosis of latent injury. The law provides that a cause of action for a latent injury resulting from the exposure to a substance or the use of a product shall accrue when the person knew or should have known of the injury and its causal connection to an injury-causing substance or product. SB 1108. General district courts; jurisdictional limits. The law increases from $25,000 to $50,000 the maximum civil jurisdictional limit of general district courts for civil actions for personal injury and wrongful death. SB 1261. Court of Appeals; jurisdiction; number of judges. Effective January 1, 2022, except where noted in this summary, the law expands the jurisdiction of the Court of Appeals of Virginia by providing for an appeal of

Warren/Frederick County Business Directory

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peals unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the case files a notice of appearance; (iv) eliminates the requirement for an appeal bond in criminal appeals; (v) requires all criminal cases in a court of record to be recorded and requires the clerk of the circuit court to prepare a transcript of any trial for which an appeal is noticed to him; and (vi) requires an expedited review of appeals of permanent protective orders and of bond validation proceedings. Effective July 1, 2021, the law increases from 11 to 17 the number of judges on the Court of Appeals.

right in every civil case and provides that the granting of further appeal to the Supreme Court of Virginia shall be within the discretion of the Supreme Court. The law provides for an appeal of right in criminal cases by a defendant, but leaves unchanged the current requirement that in criminal cases the Commonwealth must petition the Court of Appeals for granting of an appeal. The law also (i) provides jurisdiction to the Court of Appeals over interlocutory appeals and petitions for review of injunctions; (ii) allows for oral arguments to be dispensed with if the panel of judges makes a unanimous decision that the appeal is wholly without merit or that the dispositive issues on appeal have already been authoritatively decided and the appellant has not argued that the case law should be overturned, extended, or reversed; (iii) provides that the Attorney General shall represent the Commonwealth in criminal ap-

Corrections HB 2038. Probation, revocation, and suspension of sentence; limitations. The law limits the amount of active incarceration a court can impose as a result of a revocation hearing for a See NEW LAWS, 14

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Page 14 • Warren/Frederick County Report • Early July, 2021

NEW LAWS, from 13 probation violation. The law provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The law also provides that if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded. The law defines “technical violation” and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The law also provides that a court may fix

the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration but such limitation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings. The law also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

HB 2167. Parole; notice and certification; monthly reports; discretionary early consideration. The law provides that the Department of Cor-

rections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board’s decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release.

The law provides that in the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate’s release that such inmate has been granted discretionary parole or conditional release or (ii) by

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telephone or other electronic means prior to release that a terminally ill inmate has been granted conditional release where death is imminent. The law requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (a) be published on the fifteenth day of the month and (b) include the name of each prisoner considered for parole, the offense of which the prisoner was convicted, the jurisdiction in which such offense was committed, the amount of time the prisoner has served, whether the prisoner was granted or denied parole, and the basis for the grant or denial of parole.

However, in the case of a prisoner granted parole, the law provides that such information shall be included in the statement published in the month immediately succeeding the month in which notification of such decision

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was given to the attorney for the Commonwealth and any victim. The law also provides that if additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The law requires the Board to implement the provisions regarding monthly reports no later than December 15, 2021.

Criminal Offenses HB 1936. Robbery; penalties. The law creates degrees of punishment corresponding to the severity of a robbery offense. Any person who commits a robbery and causes serious bodily injury to or the death of another person is guilty of a Class 2 felony. Any person who commits robbery by using

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or displaying a firearm in a threatening manner is guilty of a Class 3 felony.

Any person who commits robbery by using physical force not resulting in serious bodily injury, or by using or displaying a deadly weapon other than a firearm in a threatening manner, is guilty of a Class 5 felony. Any person who commits robbery by using threat or intimidation or by any other means not involving a deadly weapon is guilty of a Class 6 felony. Under current law, any robbery is punishable by confinement in a state correctional facility for life or any term not less than five years.

The law also provides that if a juvenile is charged with robbery, then a juvenile court shall conduct a preliminary hearing, for purposes of certifying the charge to the grand jury, whenever a juvenile 16 years of age or older is

charged with a robbery charge that is punishable as a Class 2 or Class 3 felony, as provided for in the law. Under current law, the juvenile court shall conduct such preliminary hearing for all robberies.

HB 2263/SB 1165. Abolition of the death penalty. The law abolishes the death penalty, including for those persons currently under a death sentence.

The law provides that no person may be sentenced to death or put to death on or after July 1, 2021, for any violation of law.

SB 1138. Sexually transmitted infections; infected sexual battery; penalties. The law provides that any person who is diagnosed with a sexually transmitted infection and engages

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in sexual behavior that poses a substantial risk of transmission to another person with the intent to transmit the infection to that person and transmits such infection to that person is guilty of infected sexual battery, punishable as a Class 6 felony. The law also repeals the crime of donating or selling blood, body fluids, organs, and tissues by persons infected with human immunodeficiency virus and the provisions regarding the testing of certain persons for human immunodeficiency virus or hepatitis B or C viruses.

Criminal Procedure HB 2047/SB 1315. Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. The law permits the admission of evidence by the defendant concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, if such evidence is relevant and is not evidence concerning an ultimate issue of fact and (i) tends to show the defendant did or did not have the intent required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. The law provides that to establish a mental condition for such purposes, the defendant must show that his condition existed at the time

of the offense and that such condition satisfies the diagnostic criteria for (a) a mental illness, as defined in the law; (b) an intellectual or developmental disability, as defined in the law; or (c) an autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. If a defendant intends to present such evidence, the law requires him or his counsel to give notice in writing to the attorney for the Commonwealth within specified time periods. The law also clarifies that a court, in addition to a magistrate, may enter an emergency custody order in such cases if the criteria required under current law for emergency custody orders are met.

The law clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnosis of an intellectual or developmental disability. The law also adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or

developmental disabilities. Finally, the law requires the Office of the Executive Secretary of the Supreme Court to collect data regarding the cases that use the evidence made permissible in the law and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century to study and make recommendations about the standard of danger to self or others that may be appropriately applied for such persons found not guilty under the provisions of the law in the issuance of emergency custody orders, involuntary temporary detention orders, or the ordering of other mandatory mental health treatments.

HB 2113/SB 1339. Sealing of criminal records; penalties. The law establishes a process for the automatic sealing of police and court records, defined in the law, for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The law also allows a person to petition for the sealing of police and court records relating to certain convictions. The law has staggered delayed effective dates in order to develop systems for implementing the provisions of the law.

SB 1266. Admission to bail; rebutSee NEW LAWS, 16

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Page 16 • Warren/Frederick County Report • Early July, 2021

NEW LAWS, from 15 table presumptions against bail. The law eliminates provisions regarding the rebuttable presumptions against being admitted to bail. The law also provides that in making a bail determination, a judicial officer shall consider all relevant information, including a number of factors specified in the law.

Domestic Relations HB 1852. Uniform Collaborative

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entage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. The Act governs disclosure of information, privilege against disclosure of communications, and scope of representation by the attorneys in the proceeding.

HB 1911. No-fault divorce; corroboration requirement. The law removes the corroborating witness requirement for no-fault divorces.

SB 1184. Standby guardianship; triggering event. The law allows a parent who has reason to anticipate his possible detention, incarceration, or deportation connected to an immigration action to petition the court for approval of a standby guardian for the parent’s minor child.

SB 1325. Visitation; petition of grandparent. The law allows a grandparent who has petitioned the court for visitation of a minor grandchild, in cases where the parent of the minor grandchild is deceased or incapacitated, to introduce evidence of such deceased or incapacitated parent’s consent to visitation with the grandparent. The law provides that if the parent’s consent is proven by a preponderance of the evidence, the court may then determine if grandparent visitation is in the best interest of the minor grandchild.

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SB 1148. Elections; date of June primary election. The law changes the date of the primary election held in June from the second Tuesday in June to the third Tuesday in June. The law also changes candidate filing deadlines to reflect the change of date.

Energy HB 1834/SB 1247. Electric utilities;

closure of carbon-emitting generating units. The law requires each owner of a large carbon-emitting power plant to provide notice to relevant localities and state agencies about the decision to close the plant within 30 days of making such decision The law requires localities in which such facilities are located, and planning district commissions in such localities, to conduct public hearings regarding the impending closure within six months of receipt of such notice. The law requires the Division of Energy to maintain a public website listing the facilities subject to the requirements of the law and their anticipated closure dates. As part of an integrated resource plan, the law requires each utility to submit a facility retirement study for its carbon-emitting facilities and disclose the study to relevant localities and state agencies.

HB 1855. Department of Mines, Minerals and Energy. Effective October 1, 2021, the law renames the Department of Mines, Minerals and Energy as the Department of Energy.

Within the Department, the law renames the Division of Mined Land Reclamation as the Division of Mined Land Repurposing and renames the Division of Energy as the Division of Renewable Energy and Energy Efficiency. The law makes substantive changes, removing the requirement that the Chief of the Division of Mines be appointed by the Governor and authorizing an employee other than the Virginia Gas and Oil Inspector to serve as the principal executive of the staff of the Virginia Gas and Oil Board. The law also provides that the Chief Clean Energy Policy Advisor shall be appointed by the Governor.

The law removes or updates outdated language.

HB 1919. Local green banks. The law authorizes a locality, by ordinance,

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CANCER – Jun 22/Jul 22 Cancer, you will be the planner for an event that brings together a number of people who share a common goal or interest this week. Conversations will be stimulating.

LEO – Jul 23/Aug 23 You may be pushed into the public eye, Leo, and perhaps you are worried that you will not be prepared. You are a natural born leader who can impress a crowd.

VIRGO – Aug 24/Sept 22 Someone new and exciting comes into your life this week, Virgo. You will likely spend hours talking about your fields of interest, including exotic locations.

LIBRA – Sept 23/Oct 23 Unusual dreams could spark new ideas in your life, Libra. Don’t discount them as fantasy. Figure out how you can push the boundaries of your imagination.

SCORPIO – Oct 24/Nov 22 Scorpio, you have been craving social contact with new and interesting people. That is just what you will find at a neighborhood gathering this week.

SAGITTARIUS – Nov 23/Dec 21 Sagittarius, if you feel like you have been spending too much time at work lately, it could be time to dial things back a bit. Don’t overdo it.

CAPRICORN – Dec 22/Jan 20 Much of this week will be spent in the company of family and close friends, Capricorn. Lots of people rooting for you might be just what you need right now.

AQUARIUS – Jan 21/Feb 18 Aquarius, you may decide to host a social event at your home over the next few days. Don’t put too much pressure on guests. See how the day unfolds.

PISCES – Feb 19/Mar 20 Shake up your schedule, Pisces. Engage in something that is outside of your comfort zone. Push yourself to try new things.

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Early July, 2021 • Warren/Frederick County Report • Page 17

to establish a green bank to promote the investment in clean energy technologies in its locality and provide financing for clean energy technologies, defined in the law. The law establishes certain powers and functions of a green bank, including developing rules and procedures, financing and providing loans for clean energy projects, and stimulating demand for

renewable energy. The law requires the green bank to be a public entity, quasi-public entity, depository bank, or nonprofit entity and requires the locality to hold a hearing and publish notice of the hearing in a newspaper of general circulation prior to establishing the green bank.

HB 1925. Virginia Brownfield and

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Coal Mine Renewable Energy Grant Fund and Program; handbook. The law establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program (the Fund and Program). The law provides that no allocation of funds shall be made to the Fund or Program unless federal funds are available to cover the cost of such allocation. The Fund and Program shall be administered by the Department of Mines, Minerals and Energy for the purpose of awarding grants to renewable energy projects that are located on brownfields or previously coal mined lands, both defined in the law. Grants are to be awarded on a basis of $500 per kilowatt of nameplate capacity from renewable energy sources that are located on previously coal mined lands and $100 per kilowatt of nameplate capacity from renewable energy sources that are located on brownfields. No more than $10 million shall be awarded

to any previously coal mined lands project and no more than $5 million to any single brownfield project. No more than $35 million shall be allocated per year by the grant program.

Of the $35 million, $20 million shall be reserved for previously coal mined lands projects. If less than $20 million is distributed to such projects, the remaining funds may be reallocated to brownfield projects. The law also provides that the Department shall, in consultation with stakeholders, develop a handbook for renewable energy and energy storage development on brownfields and previously coal mined lands. Finally, the law requires the Department to submit an annual report regarding administration of the Fund and Program to the General Assembly. However, the annual report shall not be required if the Fund and Program are not funded.

HB 2201/SB 1207. Solar and energy storage projects; siting agreements and special exceptions throughout the Commonwealth. The law expands existing provisions related to siting agreements and zoning special exceptions for solar projects located in an opportunity zone to include en-

ergy storage projects and makes the provisions statewide. The law provides that its provisions shall not apply to any energy storage project that has received zoning and site plan approval, preliminary or otherwise, from the host locality before January 1, 2021.

The law also provides that its provisions shall not become effective with respect to energy storage projects unless the General Assembly approves legislation that authorizes localities to adopt an ordinance for taxation of energy storage projects such as solar projects with a local option for machinery and tools tax or solar revenue share.

SB 1284. Commonwealth Clean Energy Policy. The law establishes the Commonwealth Clean Energy Policy, replacing the Commonwealth Energy Policy. The law sets out the energy policy and objectives of the Commonwealth Clean Energy Policy, which include: (i) the Commonwealth recognizes that effectively addressing climate change and enhancing resilience will advance the health, welfare, and safety of the residents of the Commonwealth and that addressSee NEW LAWS, 18

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Page 18 • Warren/Frederick County Report • Early July, 2021

NEW LAWS, from 17 ing climate change requires reducing greenhouse gas emissions across the Commonwealth’s economy sufficient to reach net-zero emission by 2045 in all sectors, including the electric power, transportation, industrial, agricultural, building, and infrastructure sectors; (ii) the Commonwealth recognizes the need to promote environmental justice and ensure that it is carried out throughout the Commonwealth and the need to address and prevent energy inequities in historically economically disadvantaged communities; and (iii) the Commonwealth must continue to prioritize economic competiveness and workforce development in an equitable manner.

Firearms HB 1992. Purchase, possession, or

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transportation of firearms following conviction for assault and battery of a family or household member; penalties. The law prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the law, from purchasing, possessing, or transporting a firearm.

The prohibition expires three years after the date of conviction, at which point the person’s firearms rights are restored, unless he receives another disqualifying conviction. A person who violates the provisions of the law is guilty of a Class 1 misdemeanor.

HB 2295/SB 1381. Carrying a firearm or explosive material within Capitol Square and the surrounding area, into a building owned or leased by the Commonwealth, etc.; penalty. The law makes it a Class 1 misdemeanor for a person to carry any firearm or explosive material within

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(i) the Capitol of Virginia; (ii) Capitol Square and the surrounding area; (iii) any building owned or leased by the Commonwealth or any agency thereof; or (iv) any office where employees of the Commonwealth or agency thereof are regularly present for the purpose of performing their official duties. The law provides exceptions for the following individuals while acting in the conduct of such person’s official duties: any law-enforcement officer, any authorized security personnel, any active military personnel, any fire marshal when such fire marshal has been granted police powers, or any member of a cadet corps while such member is participating in an official ceremonial event for the Commonwealth. The prohibitions of the law that apply to any building owned or leased by the Commonwealth or any office where state employees are performing official duties do not apply to retired law-enforcement officials visiting a gun range owned or leased by the Commonwealth or any of the following while acting in the conduct

of official duties: a bail bondsman, an employee of the Department of Corrections or a state juvenile correctional facility, an employee of the Department of Conservation and Recreation, or an employee of the Department of Wildlife Resources. Such prohibitions also do not apply to an individual carrying a weapon into a courthouse who is statutorily exempt, any property owned or operated by a public institution of higher education, any state

park, or any magistrate acting in the conduct of the magistrate’s official duties. The law requires that notice of the provisions prohibiting the carrying of such firearms or explosive material be posted at each of the public entrances to Capitol Square and the other locations where such firearms and explosive material are prohibited in the law.

The law provides that any firearm or explosive material carried in violation of these provisions is subject to seizure

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No-bake dessert is ideal for warm weather entertaining Backyard barbecues beckon and poolside entertaining reigns supreme every summer.

After guests have had their fill of fire-licked grilled burgers, hot dogs and chicken, a refreshing dessert that won’t have summertime hosts sweating preparation can make for the perfect culinary capper.

“Banana Pudding Cheesecake Bars” marry tangy cream cheese with sweet and velvety banana pudding atop a cookie crust. They’re easy to prepare ahead of time and easily sliced when the dessert bell beckons. Double up the recipe if you’re expecting a crowd or want to have a few leftovers — they’re that delicious.

Enjoy this recipe, courtesy of Lena Abraham, senior food editor and stylist at Delish.

Banana Pudding Cheesecake Bars Yields: 9 servings For crust 11⁄2 cup crushed vanilla wafer cookies 5 tablespoons butter, melted 2 tablespoons sugar

Pinch sea salt For filling 11⁄2 (8 ounces) blocks cream cheese, softened 1⁄2 cup sugar 11⁄2 cup whipped topping 1 3.4-ounce package instant banana

pudding mix 13⁄4 cup whole milk For topping

Whipped topping 1⁄2 banana, sliced 9 vanilla wafer cookies

1. Line an 8-inch by 8-inch pan with parchment paper.

2. Make crust: In a medium bowl, combine crushed wafer cookies with butter, sugar and salt. Press in an even layer into the prepared pan. Place in freezer while making filling.

3. Make cheesecake filling: In a large bowl using a hand mixer (or in a stand mixer), beat cream cheese until fluffy and no clumps remain. Add sugar and beat until combined.

Fold in whipped topping and set aside.

4. In a medium bowl, whisk together pudding mix and milk. Let pudding stand for 3 minutes in the refrigerator, until thickened.

Fold into cheesecake mixture until well combined.

5. Pour filling into prepared crust and smooth into an even layer. Freeze until bars are firm, at least 6 hours and up to overnight.

6. When firm, remove from freezer and slice into nine bars. Top each bar with a dollop of whipped topping, a slice of banana and a vanilla cookie before serving.

Note: If banana isn’t your favorite flavor, replace banana pudding with lemon pudding and use a thin lemon slice in the whipped topping dollop as a garnish when serving.

Early July, 2021 • Warren/Frederick County Report • Page 19

by a law-enforcement officer and forfeiture to the Commonwealth.

Freedom of Information HB 2004. Virginia Freedom of Information Act; law-enforcement criminal incident information; criminal investigative files. The law adds criminal investigative files, defined in the law, relating to a criminal investigation or proceeding that is not ongoing,

also defined in the law, to the types of law-enforcement and criminal records required to be released in accordance with the provisions of the Virginia Freedom of Information Act. Under current law, the release of criminal investigative files is discretionary. The law provides that the mandatory release of criminal incident information relating to felony offenses and criminal investigative files shall not be required if the release of such information

would likely effect certain results, outlined in the law. The law also extends the amount of additional time a public body has to respond, in the case of a request for certain criminal investigative files, from an additional seven work days to an additional 60 work days as long as the public body has communicated to the requester within the initial allowable five-work-day response period that it is not practically possible to provide the requested records or to determine whether they are available within the five-work-day period. As introduced, this law was a recommendation of the Virginia Freedom of Information Advisory Council.

Gaming

CLUES ACROSS 1. Plant of the mint family 7. Hand tool 13. Made of the color of gold 14. A volume of several novels 16. Type of degree 17. Good job!

19. Seventh tone in major scale 20. Fevers 22. One’s mother 23. Fertile desert spots 25. Large integers 26. Plate for Eucharist 28. Tennis matches have them 29. Peyton’s little brother 30. Monetary unit of N. Korea 31. Head movement 33. Twelve 34. Renaissance musical instrument 36. Behavior showing high moral standards 38. Letter of the Hebrew alphabet 40. Notes to be sung 41. Women’s garment 43. Coarsely ground corn 44. One point south of due east 45. A way to deplete 47. Rough, prickly covering of a seed 48. LA hoopster, but not a Laker 51. Hindquarters 53. Franz van __, German diplomat 55. Liquid body substances 56. Rhythmic patterns 58. A beaver might build one 59. Police officer’s tool 60. Indicates who you are 61. Pinwheel 64. Exist 65. Ornamental molding 67. Closes again 69. Verses 70. Come into view

CLUES DOWN 1. Short stick used as a weapon 2. An alternative 3. Laws 4. Sense organs 5. One from Utah 6. Mariner 7. People in charge of cattle 8. Health insurance organization 9. Ornamental box 10. Forest-dwelling deer 11. One quintillion bytes (abbr.)

12. Atomic #71 13. Become less intense 15. Cowards 18. Body ornament (slang) 21. Applicable to all cases 24. Multiplied by 6 26. Afghanistan monetary unit 27. Calendar month 30. Cena and Lennon are two 32. Monetary unit of Serbia 35. First time on the market 37. Georgia rockers 38. Free from contamination 39. Coastal region of Canada 42. Clothing retailer 43. It rises and sets 46. Fathers 47. Stain with mud 49. Suitable for crops 50. Feels concern for 52. Orange-brown 54. Buddy 55. Late sportscaster Craig 57. Used to align parts 59. Wake up 62. Solid water 63. Semiprecious stone 66. Atomic #45 68. Top lawyer

SB 1127. Charitable gaming; permit requirement; permissible locations; suspensions and revocations. The law modifies the list of organizations that may conduct charitable gaming and requires such organizations, other than organizations conducting raffles that reasonably expect to realize gross receipts from such raffles of $40,000 or less in any 12-month period, to obtain a permit from the Department of Agriculture and Consumer Services; however, the law exempts certain organizations from the permit application and audit fees. The law specifies the locations at which an organization may conduct bingo, network bingo, instant bingo, pull tabs, or seal cards.

The law prohibits the holding of a permit by a supplier or manufacturer that commits certain violations or offenses after July 1, 2021. The law prohibits the Charitable Gaming Board from adjusting the percentage of gross receipts that an organization must use for religious, charitable, community, or educational purposes or for certain real property expenses until a study is completed by a joint subcommittee created in the law. The law provides that, notwithstanding the provisions

of the law, any organization that conducted bingo, network bingo, instant bingo, pull tabs, or seal cards at a location outside of the county, city, or town in which its principal office, as registered with the State Corporation Commission, is located or an adjoining county, city, or town on or before February 1, 2021, may continue to conduct bingo, network bingo, instant bingo, pull tabs, or seal cards at such locations until June 30, 2022.

Health & Health Professions HB 1987/SB 1338. Telemedicine.

The law requires the Board of Medical Assistance Services to amend the state plan for medical assistance to provide for payment of medical assistance for remote patient monitoring services provided via telemedicine for certain high-risk patients, makes clear that nothing shall preclude health insurance carriers from providing coverage for services delivered through realtime audio-only telephone that are not telemedicine, and clarifies rules around the prescribing of Schedule II through VI drugs via telemedicine, including establishing a practitionerpatient relationship via telemedicine.

HB 2218/SB 1333. Pharmaceutical processors; cannabis products. The law permits pharmaceutical processors to produce and distribute cannabis products other than cannabis oil and for that purpose defines the terms “botanical cannabis,” “cannabis product,” and “usable cannabis.” The law requires the Board of Pharmacy to establish testing standards for botanical cannabis and botanical cannabis products, establish a registration process for botanical cannabis products, and promulgate emergency regulations to implement the provisions of the law.

The law provides that if a practitioner determines it is consistent with the standard of care to dispense botanical

cannabis to a minor, the written certification shall specifically authorize such dispensing. The law allows the Board of Pharmacy to assess and collect botanical cannabis regulatory fees to cover costs associated with the implementation of the provisions of the law, including costs for new personnel, training, promulgation of regulations and guidance documents, and information technology. The law exempts the Board of Pharmacy’s acquisition of a commercially available cannabisspecific software product to implement the provisions of the law from the Virginia Public Procurement Act. Higher Education HB 1930. Public institutions of higher education; admissions applications; criminal history. Effective January 1, 2022, the law prohibits each public institution of higher education, with the exception of the Virginia Military Institute and a law school of a public institution of higher education that is accredited by the American Bar Association, from (i) utilizing an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) denying admission to any applicant on the basis of any criminal history information provided by the applicant on any third-party admissions application accepted by the institution. The law permits each public institution of higher education to inquire into the criminal history of any individual who has been admitted to but has yet to enroll at the institution and withdraw an offer of admission to any individual whom the institution subsequently determines to have a criminal history that poses a threat to the institution’s community.

HB 1980. Enslaved Ancestors College Access Scholarship and MemoSee NEW LAWS, 20

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Page 20 • Warren/Frederick County Report • Early July, 2021

NEW LAWS, from 19 rial Program established. The law establishes the Enslaved Ancestors College Access Scholarship and Memorial Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia Military Institute, and The College of William and Mary in Virginia, with any source of funds other than state funds or tuition or fee increases, are required to annually (i) identify and memorialize, to the extent possible, all enslaved individuals who labored on former and current institutionally controlled grounds and property and (ii) provide a tangible benefit such as a college scholarship or community-based economic development program for individuals or specific communities with a demonstrated historic connection to slavery that will empower families to be lifted out of the cycle of poverty. The law requires the State Council of Higher Education for Virginia to collaborate with such institutions to establish guidelines for the implementation of the Program and to annually collect information on the implementation of the Program from such institutions and report such information to the Chairmen of the House Committee on Appropriations, the House Committee on Education, the Senate Committee on Education and Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.

HB 2120. Public institutions of higher education; governing boards; meetings, input, and disclosures.

The law requires the governing board of each public institution of higher education to establish and maintain on the institution’s website (i) a listing of all board members, including the name of the Governor who made each appointment and the date of each appointment; (ii) a listing of all committees created by the board and the membership of each committee; (iii) a schedule of all upcoming meetings of the full board and its committees and instructions for the public to access such meetings; (iv) an archive of agendas and supporting materials for each meeting of the governing board and its committees that was held; and (v) an email address or email addresses that allow board members to receive public communications pertaining to board business. The law requires such boards to solicit the input of representatives of the institution’s faculty senate or its equivalent (a) at least twice per academic year on topics of general interest to the faculty and (b) in advance of decisions to be made on the search for the institution’s new chief executive officer. The law also requires the State Council of Higher Education for Virginia, in consultation with the Virginia Freedom of Information Advisory Council, to work with each public institution of higher education and with technology experts to develop a minimal uniform standard, to the extent practicable, for providing the public with real-time electronic access to meetings of the governing

boards of public institutions of higher education.

HB 2123/SB 1387. Public institutions of higher education; certain students; financial assistance programs. Effective August 1, 2022, the law provides that students who meet the criteria to be deemed eligible for in-state tuition regardless of their citizenship or immigration status shall be afforded the same educational benefits, including financial assistance programs administered by the State Council of Higher Education for Virginia, the State Board for Community Colleges, or a public institution of higher education, as any other individual who is eligible for in-state tuition.

The law directs the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the law.

HB 2204/SB 1405. Get Skilled, Get a Job, Give Back (G3) Fund and Program established. The law establishes the Get Skilled, Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher education that leads to an occupation in a highdemand field. The law contains provisions for student eligibility, financial assistance award amounts, and data reporting.

Housing HB 1842. Property Owners’ Association Act; Condominium Act; rulemaking authority of property owners’ associations and unit owners’

associations; smoking. The law permits (i) except to the extent that the declaration provides otherwise, the board of directors of a property owners’ association to establish reasonable rules that restrict smoking in the development, including (a) rules that prohibit smoking in the common areas and, (b) for developments that include attached private dwelling units, rules that prohibit smoking within such dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominium unit owners’ association to establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. The law clarifies the authority of executive boards of condominium unit owners’ associations to establish, adopt, and enforce rules and regulations with respect to the use of the common elements of the condominium and with respect to such other areas of responsibility assigned to the unit owners’ association by the condominium instruments, except where expressly reserved by the condominium instruments to the unit owners. The law also permits unit owners, by a majority of votes cast at a meeting of the unit owners’ association, to repeal or amend any rule or regulation adopted by the executive board. This law is a recommendation of the Virginia Housing Commission.

HB 1889. Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan; extend sunset. The law extends the sunset date from July 1, 2021, to July 1, 2022, of certain provisions enacted during the 2020 Special Session related to the Virginia Residential Landlord and Tenant Act. Such provisions (i) changed from five to 14 days the amount of time that a landlord who

owns four or fewer rental dwelling units must wait after serving written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord’s intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement; (ii) required a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent, to serve upon such tenant a written notice informing the tenant of the total amount due and owed and offer the tenant a payment plan under which the tenant must pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement; (iii) outlined the remedies a landlord has if a tenant fails to pay the total amount due and owed or enter into a payment arrangement within 14 days of receiving notice or if the tenant enters into a payment arrangement but fails to pay within 14 days of the due date any rent that becomes due under the payment plan or arrangement after such plan or arrangement becomes effective; and (iv) clarified that a tenant is not precluded from participating in any other rent relief programs available to the tenant through a nonprofit organization or under the provisions of a federal, state, or local law, regulation, or action.

HB 2014. Virginia Residential Landlord and Tenant Act; landlord remedies; landlord’s acceptance of rent

with reservation; tenant’s right of redemption. The law prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The law provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The law also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant’s use of the right of redemption to once per lease period, provided that the landlord provides

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Early July, 2021 • Warren/Frederick County Report • Page 21

written notice of such limitation to the tenant. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The law directs the Director of the Department of Housing and Community Development (Director) to develop a sample

termination notice to be maintained on the Department of Housing and Community Development’s (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.

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HB 1896/SB 1276. Essential health benefits; abortion coverage. The law removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia.

HB 2008/SB 1269. Health insurance; authorization of drug pre-

scribed for the treatment of a mental disorder. The law requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, contain provisions that require, when a carrier has previously approved prior authorization for any drug prescribed for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, no additional prior authorization can be required if (i) the drug is a covered benefit; (ii) the prescription does not exceed the U.S. Food and Drug Administrationlabeled dosages; (iii) the prescription has been continuously issued for no fewer than three months; and (iv) the prescriber performs an annual review of the patient to evaluate the drug’s continued efficacy, changes in the patient’s health status, and potential contraindications. The law provides

that this requirement does not prohibit a carrier from requiring prior authorization for any drug that is not listed on its prescription drug formulary at the time the initial prescription is issued. The law also requires that such provider contracts contain provisions requiring a carrier to honor a prior authorization issued by the carrier for a drug regardless of whether the drug is removed from the carrier’s prescription drug formulary after the initial prescription for that drug is issued. Under the law, provisions related to provider contracts and prior authorization shall apply to the state insurance health plan.

HB 2219. Pharmacies; freedom of choice. The law provides that no insurance carrier, corporation providing preferred provider subscription contracts, or health maintenance organization providing health care plans or its pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of his choice to furnish specialty pharmaceutical benefits under the covered individual’s policy. The law provides that no pharmacy that meets the terms and conditions of participation shall be precluded from obtaining a direct service agreement or participating provider agreement and that any request for such agreement by a pharmacy shall be acted upon by a carrier, corporation, or organization or its pharmacy benefits manager within 60 days of receiving the request.

Labor & Employment HB 1985. Workers’ compensation;

presumption of compensability for COVID-19. The law establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers’ Compensation Act. The law provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19 and signs and symptoms of COVID-19 that require medical treatment. The law provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to July 1, 2020, either of the following criteria must be met, and on or after July 1, 2020, and prior to December 31, 2021, both of the following criteria must be met: (i) the claimant received a positive diagnosis of COVID-19 from a licensed physician, nurse practitioner, or physician assistant after either a presumptive positive test or a laboratory-confirmed test for COVID-19 and (ii) the claimant presented with signs and symptoms of COVID-19 that required medical treatment. The law provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person is immunized or the person’s physician determines in writing that immunization would pose a significant risk to the person’s health.

HB 2032. Employment; domestic service. The law provides that individuals who are engaged in providing doSee NEW LAWS, 22

Page 22 • Warren/Frederick County Report • Early July, 2021

NEW LAWS, from 21 mestic service are not excluded from employee protection laws.

HB 2207/SB 1375. Workers’ compensation; presumption of compensability for COVID-19. The law establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, correctional officers, and regional jail officers is an occupational disease compensable under the Workers’ Compensation Act. The law provides that such presumption applies to any death or disability occurring on or after July 1, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after July 1, 2020, and prior to December 31, 2021, the claimant received a diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment.

Local Government HB 1778. Removal of clutter from property; civil penalty. The law provides that a locality may by ordinance require the removal of clutter from property, except on land zoned for or in active farming operation, or may, whenever the governing body deems it necessary, after reasonable notice, have such clutter removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected.

The law defines “clutter” as including mechanical equipment, household furniture, containers, and similar items that may be detrimental to the well-being of a community when they are left in public view for an extended period or are allowed to accumulate.

Violations of the law are subject to the existing civil penalty applicable to violations of provisions relating to the removal of trash, garbage, refuse, litter, and similar substances from property.

Marijuana HB 2312/SB 1406. Marijuana; legalization; retail sales; penalties.

The law eliminates criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older, modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The law creates the Virginia Cannabis Control Authority (the Authority), the Cannabis Oversight Commission, the Cannabis Public Health Advisory Council, the Cannabis Equity Reinvestment Board and Fund, and the Virginia Cannabis Equity Business Loan Program and Fund and establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The law contains social

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equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement.

The law has staggered effective dates, and numerous provisions of the law are subject to reenactment by the 2022 Session of the General Assembly.

wealth in the preceding 12 months.

The law provides that identification privilege cards shall be treated as special identification cards unless otherwise provided in the Code of Virginia.

The law limits the release of certain information stored by the Department.

Motor Vehicles

HB 1836. Secretary of Natural Resources. The law renames the Secretary of Natural Resources as the Secretary of Natural and Historic Resources. The law also designates the Secretary as the Chief Resilience Officer and removes the Virginia Museum of Natural History from the purview of the Secretary.

Natural Resources

HB 2138. Identification privilege cards; fee; confidentiality; penalties. Effective January 1, 2022, the law authorizes the Department of Motor Vehicles to issue identification privilege cards to applicants who hold a citizenship or legal presence status that is eligible for a special identification card or a limited-duration special identification card and have reported income from Virginia sources or been claimed as a dependent on an individual tax return filed with the Common-

HB 1902. Expanded polystyrene food service containers; prohibition; civil penalty. The law prohibits the dispensing by a food vendor of prepared food to a customer in a

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single-use expanded polystyrene food service container, as defined in the law.

The law requires certain chain restaurants to stop using such containers

by July 1, 2023, and sets the date for compliance by all food vendors as July 1, 2025. The law provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The law provides a civil penalty of not more than $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The penalties collected are to be deposited in the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. A portion of the penalties deposited in the Fund are to be used for public information campaigns to discourage the sale and use of expanded polystyrene products. Finally, the law directs the Department of Environmental Quality to post to

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“All offers require credit qualification, 24-month commitment with early termination fee and eAutoPay. Prices include Hopper Duo for qualifying customers.

Hopper, Hopper w/Sling or Hopper 3 $5/mo. more. Upfront fees may apply based on credit qualification.

*ADT Video Doorbell AND Outdoor Camera Professionally Installed Free: Requires 36-month monitoring contract starting at $56.99/mo. with QSP (24-month monitoring contract in California, total fees from $1,367.76), and enrollment in ADT EasyPay. Offer includes installation of one (1) video doorbell camera AND one (1) outdoor camera with minimum purchase price of $599 after promo is applied depending on geographic location. Applicable taxes extra. Upon early termination by Customer, ADT may charge 75% of the monthly service charges due for the balance of the initial contract term. Quality Service Plan (QSP) is ADT’s Extended Limited Warranty. Service and installation charges vary depending on system configuration, equipment, and services selected. Expires 7/15/2021.

General: Additional charges may apply in areas that require guard response service for municipal alarm verification. System remains property of ADT. Local permit fees may be required. Prices and offers subject to change and may vary by market. Additional taxes and fees may apply. Satisfactory credit required. A security deposit may be required. Simulated screen images and photos are for illustrative purposes only. ©2021 ADT LLC dba ADT Security Services. All rights reserved. ADT, the ADT logo, 800.ADT.ASAP and the product/service names listed in this document are marks and/ or registered marks. Unauthorized use is strictly prohibited. Third-party marks are the property of their respective owners. License information available at www.ADT. com/legal or by calling 800.ADT.ASAP. CA ACO7155, 974443, PPO120288; FL EF0001121; LA F1639, F1640, F1643, F1654, F1655; MA 172C; NC Licensed by the Alarm Systems Licensing Board of the State of North Carolina, 7535P2, 7561P2, 7562P10, 7563P7, 7565P1, 7566P9, 7564P4; NY 12000305615; PA 09079, MS 15019511. DF-CD-NP-Q221

Early July, 2021 • Warren/Frederick County Report • Page 23

its website information on compliance and the filing of complaints.

HB 2159. Release of balloon prohibited; civil penalty. The law prohibits any individual 16 years of age or older or other person, including a corporation, from intentionally releasing, discarding, or causing to be released or discarded any nonbiodegradable balloon outdoors and provides that any person convicted of such violation is liable for a civil penalty of $25 per balloon, to be paid into the Game Protection Fund. The law provides that if a person under the age of 16 releases a balloon at the instruction of an adult, the adult shall be liable for the civil penalty. Current law prohibits a person from knowingly releasing 50 or more such balloons within an hour and sets the civil penalty at $5 per bal-

loon, with the proceeds deposited into the Lifetime Hunting and Fishing Endowment Fund.

SB 1402. Trout fishing in stocked waters. The law equalizes for residents and nonresidents requirements to fish in designated stocked trout waters.

The law requires either such person to possess (i) a regular season state or county fishing license or a trip fishing license valid for at least five days and (ii) a trout license or a special lifetime trout fishing license.

Public Education HB 1790/SB 1132. Public schools; severe weather conditions and other emergency situations; unscheduled remote learning days. The law provides that when severe weather

Humane Society of Warren County Yappy Hour - Every Friday 6-8 pm at VinoVA Wine & Tapas (124 E. Main St., Front Royal, VA)! A portion of all proceeds from 6-8 pm is donated to the Humane Society. Join us for a 50/50 raffle to support the shelter.

Leashed, well-behaved pets are welcome on the patio!

Buster - 4 yr Precious - 2 old male pitbull yr old female mix. He is an pit mix. She AMAZING dog. comes to He is a big, 80 us after an pound lap dog abusive past. and looking for She is very a special lap or slow to warm two. We would up to new just love to get people, but him out of the is wonderful shelter and with dogs. into a home We use her to test our other dogs! She needs a home without kids or cats.

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Rambo - 7-8 yr old male Zeus - 3 yr old pitbull mix. He is still here male pitbull mix. looking for his furever family!

He is goofy, funny, Rambo needs to be the only kissy, slobbery, dog in the home but would and handsome! do fine in a home with kids.

This dog-friendly He seems to be okay around boy is looking for cats but slow and proper a family who will introductions are always love him and play recommended. Rambo enwith him for the joys being outside, especially rest of his days! sun-bathing and he rides VERY WELL in a vehicle.

And darn it, he deWhat a good boy! serves that! As a matter of fact, so do you!

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conditions or other emergency situations have resulted in the closing of any school in a school division for inperson instruction, the school division may declare an unscheduled remote learning day whereby the school provides instruction and student services, consistent with guidelines established by the Department of Education to ensure the equitable provision of such services, without a reduction in the amount paid by the Commonwealth from the Basic School Aid Fund. The law prohibits any school division from claiming more than 10 unscheduled remote learning days in a school year unless the Superintendent of Public Instruction grants an extension.

HB 1904/SB 1196. Teachers and other licensed school board employees; cultural competency. The law requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The law requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The law also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years.

HB 2299/SB 1288. Department of Education and Board of Education; special education. The law requires the Department of Education and the Board of Education to develop new policies and procedures and effect numerous modifications to existing policies and procedures to improve the

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SB 1257. Standards of Quality; specialized student support positions.

The law modifies a school personnel requirement in Standard 2 of the Standards of Quality to require each school board to provide at least three specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students.

SB 1303. School boards; in-person instruction. The law requires each school board to offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required instructional hours and to each student enrolled in the local school division in a public schoolbased early childhood care and education program for the entirety of the instructional time provided pursuant to such program. The law contains certain exceptions to the abovementioned requirement. The law requires each school board to provide such in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention. The law requires the Department of Education to establish benchmarks for successful virtual learning and guidelines for providing interventions to students who fail to meet such benchmarks and for transitioning such students back to in-person instruction. The law

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also requires all teachers and school staff to be offered access to receive an approved COVID-19 vaccination through their relevant local health district. The law has an expiration date of August 1, 2022.

Public Safety HB 2216. Virginia Missing Person with Autism Alert Program. The law renames the Virginia Missing Child with Autism Alert Program to the Virginia Missing Person with Autism Alert Program and expands it to apply to any missing person with autism, regardless of age. The law defines a “missing person with autism” as any person (i) whose whereabouts are unknown, (ii) who has been diagnosed with autism spectrum disorder as defined by the Code of Virginia, and (iii) whose disappearance poses a credible threat to the safety and health of the person.

Social Services SB 1328. State-Funded Kinship Guardianship Assistance program.

The law creates the State-Funded Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives, including fictive kin, and ensure permanency for children. The law sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements.

Continued in the Next Issue

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Page 24 • Warren/Frederick County Report • Early July, 2021

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TM0967A - 2018 Ford F-150 Lariat Truck SuperCrew Cab, 62k, 4x4, Accident Free Carfax, Heated/Ventilated Leather Seats - $42,477

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TM1016A - 2016 Kia Forte LX Sedan, 73k, FWD, Accident Free Carfax, XM Radio, Keyless Entry, Power Windows & Locks, 15” Wheels - $10,267

TM0846B - 2018 Honda Fit EX Hatchback, 87k, FWD, 1 Owner Accident Free, Keyless Entry, Pwr Sunroof, Backup Cam, Bluetooth - $14,717

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CM0409A - 2020 Buick Enclave Essence SUV, 8k, AWD, 1 Owner Accident Free, XM Radio, Heated Leather Seats, Power Seats - $38,107

TM0924A - 2020 Hyundai Tucson SEL SUV, 1k, HTRAC AWD, 1 Owner Accident Free, Heated Seats, Dual Climate, 18” Wheels - $25,377

TM1049A - 2013 Toyota Venza Limited Crossover, 100k, AWD, 1 Owner Accident Free, Nav, Pwr Sunroof, XM, Heated Leather Seats - $16,677

TM0340A - 2018 Toyota RAV4 XLE Adventure SUV, 25k, AWD, 1 Owner Accident Free, Nav, Heated Seats, Pwr Sunroof, Blind Spot - $29,197

KB0025 - 2015 Jeep Wrangler Unlimited Willys Wheeler SUV, 57k, 4WD, Local Trade, Soft Top, Manual, XM Radio, Fog Lights, TPMS - $29,477

MT1530 - 2019 Genesis G70 2.0T Advanced Sedan, 19k, AWD, 1 Owner Accident Free, Nav, Pwr Sunroof, Heated/Cooled Seats - $34,277

TM0819B - 2019 Subaru Forester Sport SUV, 36k, AWD, Accident Free Carfax, Heated Leather Seats, Blind Spot, Pwr Driver Seat - $28,797

CM0405A - 2019 Honda HR-V LX SUV, 35k, AWD, 1 Owner Accident Free, Backup Cam, Bluetooth, Cruise Ctrl, Pwr Windows & Locks - $21,477

TM0955B - 2017 Ford Focus Titanium Sedan, 14k, FWD, 1 Owner Accident Free, Navigation, Heated Leather Seats, XM, Pwr Sunroof - $17,517

MT1540 - 2020 Toyota 4Runner SR5 SUV, 2k, 4x4, 1 Owner Carfax, Keyless Entry, Tow Pkg, XM, Pwr Driver Seat, 17” Alloy Wheels - $43,997

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*Prices are plus taxes, tags and $799 processing fee.