Virginia Retirement System; plan credits and accounts. Allows members of the Virginia Retirement System to purchase service credit for prior full-time active duty military service of at least 180 consecutive days in any federally established branch of the armed services. Under current law, such purchases are restricted to prior full-time active duty military service of at least 180 consecutive days in the United States Army, Navy, Air Force, Marines, or Coast Guard. The bill also provides that any funds or other property held in a Virginia Retirement System defined contribution plan, deferred compensation plan, or cash match plan remaining unclaimed for more than five years shall be presumed abandoned under the Virginia Disposition of Unclaimed Property Act and may escheat to the state treasury. Under current law, the Act does not apply to any Virginia Retirement System defined benefit plan funds or other property. This bill is identical to HB 70.
Virginia Residential Landlord and Tenant Act; unlawful detainer action; emergency hearings. Provides for an emergency hearing to occur on a summons for unlawful detainer filed by an owner of a residential single family dwelling unit if the court finds based upon the evidence that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours prior to the date of filing. Under the bill, an emergency hearing on such summons shall occur as soon as practicable, but not more than 14 days from the date of filing.
Virginia Freedom of Information Act; effective date of procedures for conducting meetings held through electronic communication means during declared states of emergency. Provides that the provisions for conducting a meeting by electronic means due to a state of emergency stated in the Virginia Freedom of Information Act (FOIA) are declarative of existing law since March 20, 2020, with respect to the Governor's declared state of emergency due to COVID-19. Under the bill, any meeting by a public body using electronic communication means occurring from that date until July 1, 2021, and any otherwise lawful action taken at it is validated with respect to FOIA if the body provided public notice, public access, and public comment commensurate with the requirements of existing FOIA provisions regarding electronic and closed meetings. The bill is a response to the case Berry v. Bd. of Supervisors (Va. 2023) and is a recommendation of the Virginia Freedom of Information Advisory Council. This bill is identical to SB 244.
Common interest communities; foreclosure remedy. Prohibits certain bills to enforce a lien from being entertainedif the real estate is the judgment debtor's primary residence andthe judgment is for assessments levied by certain common interestcommunity associations if the amount secured by one or more judgmentsexclusive of interest and costs does not exceed $5,000. The billalso requires such common interest community associations to maintainindividual assessment account records and restricts access to suchrecords to the unit owner of the property subject to such assessments,the governing body of the association, the management agent, if thereis one, and any legal counsel for such association. Finally, the bill requires such associations to maintain records of any recorded lienduring the effective duration of such lien. This bill is a recommendationof the Virginia Housing Commission.
Public schools; certain local school divisions; youth and community violence prevention; Community Builders Pilot Program established; report. Establishes the Community Builders Pilot Program for the purpose of reducing youth involvement in behaviors that lead to gun violence and increasing community engagement among public school students by providing to students who are entering the eighth grade and enrolled in Roanoke City Public Schools and Petersburg City Public Schools opportunities during the school year after regular school hours and during the summer months for community engagement, workforce development, postsecondary education exploration, and social-emotional education and development. The bill provides that the school boards of Roanoke City Public Schools and Petersburg City Public Schools shall be responsible for the administration of the Program and are directed to collect data and report to the Governor and relevant committees of the General Assembly by November 1 of each year on the progress of the Program. The bill has an expiration date of July 1, 2027. This bill is identical to HB 626.
Residential dwelling units; rentals for 30 consecutive days or longer. Prohibits a locality from enacting or enforcing an ordinance that bans the rental of residential dwelling units for 30 consecutive days or longer. The bill allows a locality by ordinance to regulate such rental if such regulations (i) are reasonable and (ii) do not exceed the requirements for an owner-occupied residential property or a residential property rented for a lease term of 12 months or more in the same zoning district. This bill is identical to HB 634.
Military centered community zones; local designation. Allows localities to establish, by ordinance, one or more military centered community zones, defined in the bill as a community that has a significant presence of military personnel living or working in the designated area and where such presence drives, or has the potential to drive, significant economic activity. The bill provides that a locality, or another political subdivision acting on behalf of the locality, may offer unique benefits to businesses looking to locate within a zone for the purpose of serving the needs of the military personnel, including reduction of certain fees and taxes. In addition, the bill provides that local governing bodies are authorized to enter into agreements for the payment of economic development incentive grants to such businesses. The bill also allows a governing body to provide for certain regulatory flexibility and incentives and provides that the establishment of a military centered community zone shall not preclude the area from also being designated as an enterprise zone or from receiving support under the Virginia Military Community Infrastructure Grant Program. This bill is identical to HB 619.
Legal notices and publications; online-only news publications; requirements. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement instead may be published in an online-only news publication subject to certain requirements specified in the bill. The bill sets out a process by which an online-only news publication shall petition the circuit court of the appropriate jurisdiction to publish such ordinances, resolutions, notices, or advertisements and authorizes the court to grant such online-only news publication the authority to publish such ordinances, resolutions, notices, or advertisements for a period of one year. The bill also describes the process by which an online-only news publication may continue renewing such authority to publish in each successive year. This bill is identical to HB 264.
Virginia School for the Deaf and the Blind Board of Visitors; membership; powers and duties; meetings. Expands the total membership of the Board of Visitors of the Virginia School for the Deaf and the Blind from 11 to 15 members by increasing the number of nonlegislative citizen members from seven to 11. The bill provides that of the 11 nonlegislative citizen members, two shall be parents of current students at the Virginia School for the Deaf and the Blind, of whom (i) one is the parent of a student who is deaf or hard of hearing and one is the parent of a student who is vision impaired and (ii) one represents the Eastern region of the Commonwealth and one represents the Western region of the Commonwealth; two shall be representatives of the Virginia School for the Deaf and the Blind Alumni Association who are deaf or hard of hearing; and two shall be representatives of the Alumni Association who are vision impaired. Under current law, the requirements for the parent representatives are less specific and there is only one representative of the Alumni Association. The bill also amends the powers and duties of the Board of Visitors to include supervising the superintendent, other officers, and the faculty of the school. The bill provides that, in accordance with the Virginia Freedom of Information Act, any notice of a meeting of the Board of Visitors shall state whether public comment will be received and, if so, the approximate point at which it will be received. The bill requires that at each meeting at which public comment will be received each interested individual is allotted three minutes to speak and prohibits limiting that allotted time without adequate notice prior to the date of the meeting. The bill also requires the Board of Visitors to meet no less than four times each year. Current law provides that the Board of Visitors shall meet no more than four times each year. Finally, the bill defines the terms "deaf," "hard of hearing," and "vision impaired."
Consumer protection; creation of Unfair Real Estate Service Agreement Act. Creates the Unfair Real Estate Service Agreement Act and adds any violations of the Act to the list of prohibited violations of relevant consumer protection laws in the Commonwealth. The bill prohibits any real estate service agreement, defined in the bill, that is effective and binding for more than one year from its effective date from (i) purporting to run with the land or bind future owners of interests in the residential real property identified in the service agreement; (ii) allowing the service provider to assign or transfer the right to provide services under the service agreement without notice to and written agreement of all parties to the service agreement; or (iii) purporting to create a lien, encumbrance, or other real property security interest on the residential real property identified in the service agreement. This bill is identical to HB 1243.
Certain powers of attorney; transfer on death deeds. Provides that an agent under a power of attorney shall not have the authority to create, change, or revoke a transfer on death deed unless specifically granted the power to create or change a beneficiary designation as otherwise provided by law. This bill is identical to HB 336.
Local planning commission; action on proposedplats, site plans, and development plans; residential use. Requireslocal planning commissions to use the same approval process for residential development projects as is currently required for commercialdevelopment projects.
