Cash proffers; land transfer; extinguishing development rights. Provides that (i) cash payments proffered pursuant to relevant zoning law and (ii) the transfer of land may be used by an applicant for the purpose of extinguishing development rights elsewhere in the locality if the development rights to be extinguished are greater than the development rights being granted and the extinguishing of those development rights results in a perpetual conservation easement. The bill also provides that cash payments proffered may be used to seek matching funds from the Virginia Land Conservation Foundation and the Virginia Farmland and Forestland Preservation Fund.
Teachers; employment and licensure; locally awarded subject matter expert teaching credentials. Establishes, enumerates criteria for, and permits a division superintendent or a comprehensive community college to issue a locally awarded subject matter expert teaching credential, valid for a period not to exceed three years, to any individual who demonstrates expertise in content or subject matter area in order for such individual to provide instruction or coursework in a corresponding non-core subject or course, as that term is defined in the bill, in grades six through 12 at any public school in the Commonwealth or at a comprehensive community college in the Commonwealth, including dual enrollment or concurrent enrollment courses. The bill delineates the criteria for issuance of such locally awarded subject matter expert teaching credential. The bill also contains several provisions relating to the employment of individuals under a locally awarded subject matter expert teaching credential, including (i) permitting any school division or institution of higher education to hire any such individual on a full-time or part-time basis to teach a non-core subject or course; (ii) requiring any such individual to be subject to a background clearance check and the fingerprinting and criminal history records check requirements required as a condition of employment of any applicant who is offered or accepts employment at a school division pursuant to applicable law; (iii) requiring each employing school board to assign an individual employed by such school board as a mentor to supervise any individual issued a subject matter expert teaching credential; and (iv) permitting any division superintendent to renew an individual's locally awarded subject matter expert teaching credential for a period not to exceed three additional years, provided that such individual receives satisfactory performance evaluations for each year of the original three-year locally awarded subject matter teaching credential. Finally, the bill requires each school division to annually report to the Department of Education the number of locally awarded subject matter expert teaching credentials issued for part-time and full-time teaching positions.
Child custody orders; transfer of custody to person with legitimate interest. Provides that when a juvenile and domestic relations district court has entered an order transferring custody of a child to a person with a legitimate interest, the court shall provide notice to such person with a legitimate interest of any motion to terminate or amend such order. The bill also provides that such person with a legitimate interest shall have the opportunity to be heard on such motion to terminate or amend.
Executive Secretary of the Supreme Court to update the petition for involuntary admission for treatment; penalty of perjury. Directs the Executive Secretary of the Supreme Court to update the petition for involuntary admission for treatment, Form DC-4001, to include the following statement under the petitioner's signature: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct."
Stalking; penalty. Clarifies that the term "electronically transmitted communication" as used in the offense of stalking includes the use or monitoring of location services through an application or a device to remotely determine or track the position and movement of another person, regardless if such person has previously given consent for the accused to use or monitor such location services. The bill contains technical amendments.
Violations of protective orders; child protective order; penalties. Changes the punishment and sentencing requirements for a violation of a preliminary child protective order and a protective order entered in a dispositional order related to abused, neglected, or abandoned children or children without parental care to the same penalties as violations of preliminary, emergency, and permanent family abuse protective orders, including enhanced penalties for certain violations. Under current law, (i) the maximum penalty for violations of child protective orders constitutes contempt of court; however, if the violation involves an act or acts of commission or omission that endanger the child's life or health, or results in bodily injury to the child, it is punishable as a Class 1 misdemeanor and (ii) the court is not required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order.
Termination of parental rights; abused, neglected, or abandoned children or children without parental care; appeals. Provides that final orders involving (i) the abuse, neglect, or abandonment of children or children who are without parental care; (ii) the termination of parental rights; or (iii) the approval of permanency plans with the goal of adoption entered by the juvenile and domestic relations district court shall be appealed directly to the Court of Appeals and specifies that any such appeal shall take precedence on the docket of the Court of Appeals. The bill further establishes that the juvenile court functions as a court of record in such cases.
Enhanced earned sentence credits; repeal. Repeals the four-level classification system for the awarding and calculation of enhanced earned sentence credits, allowing only a maximum of 4.5 earned sentence credits for every 30 days served.
Retail sales and use tax exemption; motor vehicle child restraint device. Creates an exemption from the retail sales and use tax for the purchase of a child restraint device for personal use in a passenger car beginning July 1, 2025.
Income tax deduction; tips and overtime compensation. Provides, for taxable years beginning on and after January 1, 2026, an income tax deduction for the amount of tips received during the taxable year that are included on statements furnished to the employer for federal tax purposes. The bill also establishes, for taxable years beginning on and after January 1, 2026, an income tax deduction for any overtime compensation, defined in the bill, received by an employee who is not exempt from overtime compensation rules pursuant to the federal Fair Labor Standards Act.
Income tax; eligibility of companies for apportionment modification; certification by the Virginia Economic Development Partnership Authority. Extends from January 1, 2025, to January 1, 2031, the date after which a corporation or pass-through entity that did not have any existing property or payroll in Virginia as of January 1, 2018, shall constitute an eligible company if such entity (i) either (a) spends at least $5 million on new capital investment in a qualified locality or qualified localities and creates at least 10 new jobs in such locality or localities or (b) creates at least 50 new jobs in a qualified locality or qualified localities, (ii) is a traded-sector company, and (iii) is certified by the Virginia Economic Development Partnership Authority as generating a positive fiscal impact. The bill also extends from January 1, 2025, to January 1, 2031, the date prior to which an eligible company may (a) acquire property in or create jobs in any qualified locality or qualified localities and (b) subtract the value of such property acquired from the property factor or the value of such payroll attributable to such jobs created from the payroll factor from the numerator used in determining its taxable income apportionable to the Commonwealth.
Consumer Data Protection Act; Artificial Intelligence Training Data Transparency Act. Allows consumers to authorize a third party, acting on the consumer's behalf, to opt out of the processing of the consumer's personal data. Such authorization may be made using technology that indicates the consumer's intent to opt out, including a browser setting, browser extension, global device setting, or other user-selected universal opt-out mechanism. Where a controller has actual knowledge or willfully disregards that a consumer is an adolescent, defined in the bill as at least 13 years of age but younger than 16 years of age, no controller shall process any personal data collected or collect precise geolocation data from such adolescent without obtaining consent from such adolescent. The bill provides that the Attorney General has discretion regarding whether to provide an opportunity to cure a violation to a controller or processor beginning January 1, 2026. The bill also revises the definitions of "sale of personal data," "sensitive data," and "biometric data." The bill requires a developer of a generative artificial intelligence system or service, defined in the bill, to disclose on the developer's website information about the generative artificial intelligence data set used to train such system or service. A developer shall keep detailed records of the generative artificial intelligence data set used to train a generative artificial intelligence system or service and provide clearly designated and publicly available mechanisms for submissions of Training Data Verification Requests, defined in the bill, and Training Data Deletion Requests, defined in the bill. The bill also prohibits nondisclosure or confidentiality agreements from concealing noncompliance with the bill. The bill allows the Attorney General to offer developers an opportunity to cure noncompliance that is noticed by the Attorney General and provides that a person or entity claiming to be injured due to a violation of such provisions shall be entitled to initiate an action for monetary damages or equitable relief. The provisions of the bill regarding such developers have a delayed effective date of July 1, 2026.
