Rights of persons with disabilities; definitions.Adds definitions related to the rights of persons with disabilitiesto relevant law. The bill defines "path of travel," "place of publicaccommodation,"" "public entity," "private entity," and "readilyachievable." The bill requires places of public accommodation toensure that barriers to accessibility are removed when the removalis readily achievable.
Forest Sustainability Fund; fund allocation. Provides that moneys from the Forest Sustainability Fund must be allocated proportionally among localities that forgo tax revenues as a result of the use value assessment and taxation for real estate devoted for forest use. The bill specifies that no locality shall receive an allocation of more than four percent or less than one-half of one percent of available funds from the Fund. This bill is identical to HB 944.
Deferred dispositions; expungement. Clarifies that a charged dismissed after a deferred disposition that may be eligible for expungement upon agreement of all parties includes an original charge that was reduced or a charge that is dismissed after a plea or stipulation of the facts that would justify a finding of guilt.
Animal Cruelty Conviction List established.Requires the Superintendent of State Police to establish no laterthan January 1, 2027, and to maintain the Animal Cruelty ConvictionList and to make the List available to the public on the websiteof the Department of State Police. The bill specifies that the Listinclude the names of persons convicted of certain felony animal crueltyoffenses on or after July 1, 2024. The bill requires persons convictedof any such offense to pay a fee of $50 per conviction to fund themaintenance of the List. The bill also requires the Department toremove a person's name and information from the List 15 years afterits listing if he has no additional felony conviction of any such offense.
Virginia Consumer Protection Act; prohibited practices; ignition interlock system. Provides that advertising for any ignition interlock system by a vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising to a person before a determination of guilt; and any advertising, before or after a determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency is an unlawful consumer transaction in violation of the Virginia Consumer Protection Act. The bill exempts advertisements approved by the Commission and provided at a Commission-approved location.
Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances provided that such conviction occurred more than four years prior to the application date for employment. This bill is identical to SB 626.
Property Owners' Association Act; Virginia Condominium Act; assessments for legal obligations of associations. Clarifies that neither the Property Owners' Association Act or the Virginia Condominium Act (the Acts) shall be construed to prevent any association organized pursuant to such Acts from levying or using assessments, charges, or fees to pay the association's contractual or other legal obligations in the exercise of the association's duties and responsibilities. The bill also restricts such associations from imposing charges against one or more but less than all unit owners unless otherwise specifically authorized by the Acts. Current law prohibits such charges or assessments from being imposed upon any unit or lot owner unless otherwise specifically authorized by the Acts.
Autism Advisory Council; reestablished. Reestablishes the Autism Advisory Council, which expired July 1, 2022. The bill also increases from eight to 25 the number of Council members, establishes eligibility criteria for nonlegislative citizen members, and provides that no recommendation of the Council shall be adopted if a majority of the legislative members appointed to the Council vote against the recommendation and for the recommendation to fail notwithstanding the majority vote of the Council. The law prior to expiration of the Council provided that no Council recommendation could be adopted if a majority of the House members or Senate members voted against the recommendation and for the recommendation to fail notwithstanding the majority vote of the Council. The bill has a sunset date of July 1, 2027.
Virginia Public Procurement Act; Virginia resident preference. Provides preference as it relates to procurement for a bidder who is a resident of Virginia and then a bidder whose goods are produced in the United States. For the procurement of goods by manufacturers, when the lowest responsive and responsible bidder is not a resident of Virginia and the bid of any Virginia resident is within 10 percent of such bid, the bill gives the lowest responsive and responsible bidder that is a Virginia resident the option to match the price of the lowest responsive and responsible bidder. Furthermore, if the lowest responsive and responsible bidder is a resident of another state and such state allows a resident a percentage preference or price-matching preference for the procurement of goods, the bill grants a like preference to responsive and responsible bidders who are residents of Virginia. Under the bill, an eligible bidder that is a Virginia resident shall be granted the greater of either preference. The bill exempts a public body from the provisions of the bill if such public body is rendered ineligible to receive federal funding due to the provisions of the bill. The bill has an expiration date of July 1, 2027. Finally, the bill directs the Department of General Services to report to the General Assembly regarding the bill's efficacy, including any retaliatory action taken by other states, no later than the first day of the 2025 Regular Session.This bill incorporates HB 164, HB 341, and HB 1154.
Short-term rental property; locality's ability to prohibit lessee or sublessee operator. Prohibits a locality from barring an operator, as defined in existing law, from offering such property as a short-term rental solely on the basis that the operator is a lessee or sublessee of such property, provided that the property owner has granted permission for its use as a short-term rental. The bill adds an attestation that the property owner has granted such permission if the operator is a lessee or sublessee to the information that an operator must provide to annually register such short-term rental. The bill permits a locality to limit a lessee or sublessee to one short-term rental.
Custodial interrogation of a child; failure to comply with section; inadmissibility of statement. Provides that if a law-enforcement officer knowingly fails to comply with existing law regarding parental notification and contact prior to a custodial interrogation of a child, any statements made by such child shall be inadmissible in any delinquency proceeding or criminal proceeding against such child, unless the attorney for the Commonwealth proves by a preponderance of the evidence that the statement was made knowingly, intelligently, and voluntarily.
Law-enforcement training; individuals with autism spectrum disorder. Requires the Department of Criminal Justice Services to establish compulsory minimum and in-service training standards for law-enforcement officers on communicating with individuals with an intellectual disability or a developmental disability, such as autism spectrum disorder, which shall include (i) an overview and behavioral recognition of autism spectrum disorder, (ii) best practices for crisis prevention and de-escalation techniques, (iii) an objective review of any relevant tools and technology available to assist in communication, and (iv) education on law-enforcement agency and community resources for the autism community on future crisis prevention. The bill requires that such training standards be established in consultation with at least one individual with autism spectrum disorder, one family member of an individual with autism spectrum disorder, one specialist who works with individuals with autism spectrum disorder, one representative from the Department of Behavioral Health and Developmental Services, and one representative from a state or local law-enforcement agency. The bill requires the Department to establish such training standards by January 1, 2027, and requires any person employed as a law-enforcement officer prior to July 1, 2024, to complete the compulsory in-service training by July 1, 2028. This bill is identical to HB 1246.
