Declawing cats; prohibition; civil penalty.Makes unlawful the practice of declawing cats except as necessaryfor a therapeutic purpose, as defined in the bill, and creates acivil penalty of $500 for the first violation, $1,000 for the secondviolation, and $2,500 for the third or any subsequent violation. The bill also entitles any animal control officer, humane investigator,or state or local law-enforcement officer to bring a civil actionfor a violation of this section.
Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms and conditions of the Request for Proposal. Removes the prohibition on a public body from requiring an offeror to state in a proposal any exception to any liability provisions contained in a Request for Proposal for information technology. The bill also requires an offeror to state any exception to any contractual terms or conditions in writing at the time of responding to such Request for Proposal, if so requested by the public body, which exception shall be considered during negotiations, but prohibits the public body from basing the scoring or evaluation on such exceptions when selecting offerors for negotiations. Current law only prohibits a public body from requiring an offeror to state in a proposal any exception to the liability provisions of the Request for Proposal. As introduced, the bill was a recommendation of the Public Body Procurement Work Group. This bill is identical to SB 242.
Tangible personal property tax; classification; certain vehicles. Extends from January 1, 2025, to January 1, 2027, the sunset on authorization for localities to assign a rate of tax or assessment different from the general tangible personal property rate on certain automobiles, trucks, motor vehicles for use by the handicapped, motorcycles, mopeds, all-terrain vehicles, off-road motorcycles, campers, and other recreational vehicles. Under current law, such authorization is limited to taxable years 2022 through 2024.
Manufacturing, selling, giving, distributing, etc., of fentanyl, heroin, or related controlled substances; Task Force on Fentanyl and Heroin Enforcement established; penalties. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony. The bill also requires the Office of the Chief Medical Examiner to investigate the cause and manner of a death in any case where the attorney for the Commonwealth or the investigating law-enforcement agency has probable cause to believe that the death resulted from such felony homicide. The bill also adds mandatory minimum fines for manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a mixture or substance containing a detectable amount of fentanyl, heroin, or carfentanil based on the weight of such mixtures or substances. Additionally, the bill creates the Task Force on Fentanyl and Heroin Enforcement whose purpose is to study ways to enhance the ability of law-enforcement officers throughout the Commonwealth to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations.
Department of Education and Virginia Community College System; College and Career Ready Virginia Program and Fund established. Establishes the College and Career Ready Virginia Fund and requires the Department of Education and the Virginia Community College System to establish the College and Career Ready Virginia Program whereby each school board is required to offer each qualified high school student in the local school division access at the high school to the dual enrollment courses that are sufficient to complete the Passport Program and the former Uniform Certificate of General Studies Program, renamed in the bill as the Passport Plus Program, at a public institution of higher education at no cost to such students, beginning with course registrations for the fall term of the 2025 academic year. The bill establishes several enumerated duties for the Department and the System in the administration of the College and Career Ready Virginia Program, including the establishment of a work group to make recommendations no later than November 1, 2024, on the incorporation of a career and technical education program of coursework into the College and Career Ready Virginia Program.
Chief Resilience Officer of the Commonwealth; Office of Commonwealth Resilience; Interagency Resilience Working Group; Virginia Community Flood Preparedness Fund; Resilient Virginia Revolving Fund; Advisory Review Committee. Moves the position of Chief Resilience Officer (CRO) from under the Secretary of Natural and Historic Resources to under the Governor and creates an Office of Commonwealth Resilience to support the CRO in his functions and duties. The bill requires the CRO to convene an Interagency Resilience Working Group to support the coordination of planning and implementation of resilience efforts, eliminates the position of Special Assistant to the Governor for Coastal Adaptation and Protection, and requires the Director of the Department of Conservation and Recreation to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Virginia Community Flood Preparedness Fund. The bill also requires the Director to convene an Advisory Review Committee to assist in the distribution of loans and grants from the Resilient Virginia Revolving Fund and adds the Secretary of Natural and Historic Resources and the CRO to the list of those with whom the Virginia Resources Authority is required to consult in directing the distribution of loans or grants from the Fund. The bill requires, for the two Funds, the Department to (i) make available for public inspection at the office of the Department and on a publicly accessible website records of each application for grants and loans and the actions taken thereon and (ii) provide an opportunity for a 30-day public comment period prior to each new grant or loan offering to solicit feedback on proposed revisions to the Funds’ manuals. This bill incorporates HB 948.
Department of Medical Assistances Services; financial eligibility standards for certain waivers providing services to individuals with developmental disabilities. Directs the Department of Medical Assistance Services to amend the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). The bill requires the Department, when determining financial eligibility for the DD Waivers, to disregard any Social Security Disability Insurance income above the maximum monthly Supplemental Security Income as determined by the U.S. Social Security Administration; however, such Social Security Disability Insurance income shall not be disregarded for purposes of determining an individual's patient pay obligation. The bill also requires the Department to (i) analyze the implications of such amendments to the financial eligibility standards for individuals under the DD waivers, which shall include a determination of the costs and the number of individuals who would benefit from such amendments and (ii) report its findings to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health and Human Services and Appropriations no later than November 1, 2024. The bill sunsets on July 1, 2026. This bill is identical to SB 676.
Division of Renewable Energy and Energy Efficiency;powers and duties. Requires the Department of Energy's Divisionof Renewable Energy and Energy Efficiency to identify and monitorany federal grant programs, loan programs, or other opportunitiesfor federal funding to further the Commonwealth's energy efficiencygoals. The bill also requires the Division to aid businesses in theCommonwealth, industries, utilities, academic institutions, stateand local governments, and private institutions in securing federalfunding for energy efficiency efforts as part of its duty to encourage efforts to develop energy resources and energy conservation programs.
Absentee voting; persons confined awaiting trialor for conviction of a misdemeanor. Provides that any registeredvoter who is confined while awaiting trial or for having been convictedof a misdemeanor may vote by absentee ballot and requires the institutionor facility in which such voter is confined to (i) provide the meansand opportunity for such voter to complete and submit a timely applicationfor an absentee ballot and to properly mark his absentee ballot and(ii) ensure such voter's marked absentee ballot is returned in accordancewith law. The bill further provides that such voter shall be permittedto vote absentee in person or at the polling place on election dayif the deadline for making an application has passed and directsthe institution or facility to facilitate the safe and secure transportof the voter to do so.
Virginia Post-Disaster Anti-Price Gouging Act;definitions. Provides that for the purposes of the Virginia Post-Disaster Anti-Price Gouging Act, "consumer transaction" includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of goods or services to be used for business purposes and the advertisement, sale, lease, license, or contract of employment services to be provided or procured for business purposes. The bill also amends the definition of "time of disaster" to mean the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency. Under current law, the definition of "time of disaster" means the shorter of the time periods specified in clauses (i) and (ii).
Auricular acupuncture; use of the five needle protocol. Allows any person to engage in the five needle auricular acupuncture protocol (5NP), a standardized protocol wherein up to five needles are inserted into the external human ear to provide relief from the effects of behavioral health conditions, provided that such person (i) has appropriate training in the 5NP, including training established by the National Acupuncture Detoxification Association or equivalent certifying body; (ii) does not use any letters, words, or insignia indicating or implying that he is an acupuncturist; and (iii) makes no statement implying that his practice of the 5NP is licensed, certified, or otherwise overseen by the Commonwealth. Treatment utilizing the 5NP pursuant to this bill is strictly limited to the insertion of disposable, sterile acupuncture needles into the ear and only in compliance with the 5NP.
Guardianship and conservatorship; report of guardian ad litem. Adds to the considerations regarding the suitability and propriety of a prospective guardian or conservator that a guardian ad litem is required to address in his report to the court following a petition for guardianship or conservatorship. The bill provides that the guardian ad litem shall consider the prospective guardian's or conservator's work as a professional guardian, including whether the person does so on a full-time basis, the prospective guardian's or conservator's expected capacity as a guardian, and whether the prospective guardian or conservator is named as a perpetrator in any substantiated adult protective services complaint involving the respondent following allegations of abuse or neglect.
