Institutions of higher education; sexual misconduct policies; civil penalty. Requires the State Council of Higher Education for Virginia to appoint and convene a task force on combating sexual violence for the purpose of developing a base sexual misconduct campus climate survey to be distributed to institutions of higher education no less than annually. The bill defines "institution of higher education" as any public institution of higher education or any private institution of higher education. The bill permits each institution of higher education to append campus-specific questions to the base survey and, within 120 days after completion of the survey, requires each institution to submit a summary of the results to the Director of the Council and post a summary of the results on the institution's website in an easily accessible manner. The bill also requires survey data to be posted on the Council's website. The bill directs each institution of higher education to establish a written memorandum of understanding with a sexual assault crisis center, domestic violence center, or other victim support service in order to provide sexual assault victims with immediate access to a confidential, independent advocate who can provide a trauma-informed response that includes an explanation of options for moving forward. Currently, only Richard Bland College and each baccalaureate public institution of higher education and nonprofit private institution of higher education are required to enter into such agreements. The bill requires each institution of higher education to include in its campus security policy the designation of at least one confidential resource advisor whose role shall be to serve as a confidential resource for students and employees to discuss alleged acts of sexual misconduct and receive information on resources available to such students or employees. The bill creates a statutory privilege between the confidential resource advisor and a student or employee who is sharing information with such confidential resource advisor. The bill sets out required awareness programming and training for students and employees to be conducted each year by each institution of higher education. The bill also requires each institution of higher education to adopt a policy on sexual misconduct that includes information set out in the bill and provides information that the institution shall provide to parties involved in an alleged incident of sexual misconduct. The bill sets forth data reporting requirements of sexual misconduct incidences and investigations that each institution of higher education shall prepare annually. After reasonable notice and opportunity for a hearing, upon determination that an institution of higher education has violated or failed to carry out any provision or any rule adopted under the bill, the Director of the Council may impose a civil penalty upon such institution for each violation not to exceed $150,000, which shall be adjusted for inflation annually, or one percent of an institution's annual operating budget, whichever is lower.
Common interest communities; pesticides; prohibition on use. Clarifies that common interest community associations may ban the use of pesticides in or upon any common area or common element, as defined in relevant law. The bill also allows such associations to establish reasonable restrictions on the use of pesticides within the common interest community if such use might reasonably affect any lot, common area, unit, or common element.
Animal control officers; additional training. Increases the number of hours of required additional training in animal control and protection from 15 to 24 every three years for all animal control officers and deputy animal control officers employed by a locality.
Virginia local journalism sustainability tax credits. Creates a nonrefundable income tax credit for eligible local newspaper publishers, defined in the bill, for compensation paid to local news journalists. The credit is equal to (i) for the first taxable year in which the credit is claimed, the lesser of 10 percent of the actual amounts paid in wages to local news journalists during such taxable year or $5,000 and (ii) in subsequent taxable years, the lesser of five percent of the actual amounts paid in wages to local news journalists during such taxable year or $2,500. The credit includes an aggregate cap of $5 million per taxable year. The bill also creates a nonrefundable income tax credit for eligible small businesses with fewer than 50 employees for certain expenses incurred for local media advertising in a local newspaper or in a broadcast of a local radio or television station. The credit is equal to (i) for the first taxable year in which the credit is claimed, the lesser of 80 percent of the actual amounts paid or incurred for qualified local media advertising expenses or $4,000 and (ii) in subsequent taxable years, the lesser of 50 percent of the actual amounts paid or incurred for qualified local media advertising expenses during such taxable year or $2,000. The credit includes an aggregate cap of $10 million per taxable year. Each of the credits may be claimed in taxable years beginning on and after January 1, 2024, but before January 1, 2029.
Department of Human Resource Management; disclosure of certain information. Requires the Department of Human Resource Management to provide any recognized public employee association, upon the request of such association, a list containing the name and work address of each current state employee. The bill requires such association to ensure that the information contained in such list remains confidential and prohibits any mailing sent by such association to a state employee from containing (i) political or partisan content, (ii) commercial advertising, or (iii) the personal information of any state employee.
Zoning; civil penalties; commercial uses. Allows enhanced civil penalties for zoning violations involving nonpermitted commercial uses. The bill also requires that for any violation involving nonpermitted commercial uses, a person who admits liability shall be required to abate or remedy the nonpermitted commercial use violation within a period of time specified by the locality that is no less than 30 days but no more than 24 months from the date of admission of liability.
Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that such repetitive or sustained physical stress occurred over a particular time period, provided that the time period over which such physical stress occurred can be reasonably identified.
Electric utilities; retail competition; aggregated competitive purchasers. Creates a limited exception to the requirement that the State Corporation Commission must find that a petition for certain competitive purchasers to aggregate their demands to become qualified to purchase retail electric energy is consistent with the public interest in order for the Commission to approve such petition. The bill provides that a customer seeking such approval may remunerate the utility for any adverse effects to the incumbent utility or its remaining utility customers contrary to the public interest as determined by the Commission. The bill also provides that such customers shall not be denied permission to procure retail electric energy from a competitive supplier and that such remuneration fee shall be recalculated by the Commission on a triennial basis from when a customer commences a competitive service agreement.
Health insurance; coverage for autism spectrum disorder; cost-sharing requirements prohibited for certain individuals. Prohibits a health carrier from imposing any copayment, coinsurance, or deductible for the diagnosis of autism spectrum disorder and the treatment of autism spectrum disorder for individuals who are age 18 or younger.
Public schools; classified instructional support staff; competitive compensation; biennial review. Declares that it is a goal of the Commonwealth that its classified instructional support staff, defined in the bill as any individual who works more than 90 days total in a 200-day school year as a substitute for a licensed teacher, be compensated at a rate that is competitive in order to provide a quality education in the absence of a licensed teacher. The bill requires the Department of Education to conduct a biennial review of the compensation for classified instructional support staff and to consider the Commonwealth's compensation for classified instructional support staff relative to the national average teacher salary and report the results of such review to the Governor, the General Assembly, and the Board of Education by June 1 of each odd-numbered year.
Unaccompanied homeless youth; consent to surgical or medical care. Provides that except for the purposes of sexual sterilization or abortion, a minor who is 14 years of age or older and who is an unaccompanied homeless youth shall be deemed an adult for the purpose of consenting to surgical or medical examination or treatment, including dental examination and treatment, for himself or his minor child. The bill describes evidence sufficient to determine that a minor is an unaccompanied homeless youth and provides that no health care provider shall be liable for any civil or criminal action for providing surgical or medical treatment to an unaccompanied homeless youth or his minor child without first obtaining the consent of his parent or guardian provided in accordance with the law, with the exception of liability for negligence in the diagnosis or treatment of such unaccompanied homeless youth.
Real property tax; assessment of real property used for affordable housing. Requires the duly authorized real estate assessor of a locality to appraise affordable rental housing in accordance with the income approach, as described by the bill. The bill provides that, should the duly authorized real estate assessor fail to follow generally accepted appraisal practices, the assessment will not be entitled to a presumption of correctness, and if the owner then successfully appeals such assessment, the locality shall reimburse the owner for attorney fees and costs incurred.
