Annual retail sales and use tax holiday. Establishes an annual retail sales and use tax holiday that takesplace on the first full weekend in August beginning in 2025. Duringsuch weekend, state retail sales and use tax will not apply to certain(i) school supplies, (ii) clothing and footwear, (iii) qualifiedproducts designated as Energy Star or WaterSense, (iv) portablegenerators, or (v) hurricane preparedness equipment.
General oyster-planting ground leases; riparianassignments; Marine Resources Commission. Directs the MarineResources Commission to not issue or renew any private leases for general oyster-planting grounds in the Commonwealth on or after July1, 2024, and to promulgate regulations to conform to the provisionsof the bill. The bill returns any general oyster-planting grounds that are unassigned or currently leased by the Commission to publicoyster rocks, beds, and shoals that are unassignable to any personfor private use but does not curtail the length of time remainingon existing leases.
Constitutional amendments (first reference);executive branch of government; Lieutenant Governor and Attorney General; term limits. Prohibits any person from being eligible to be elected to more than two terms as Lieutenant Governor or Attorney General. The amendments provide that service for a partial term does not preclude serving the allowed number of full terms and applies the limits to terms of service to persons elected to serve as Lieutenant Governor and Attorney General in 2029 and thereafter.
Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.
Emergency medical services regulations; police dogs. Requires the State Board of Health to promulgate regulations, in consultation with the State Veterinarian, to provide emergency treatment to police dogs injured in the line of duty and for the transportation of such police dogs by emergency medical services vehicles to veterinary care facilities equipped to provide emergency treatment to such dogs.
Department of Medical Assistance Services; lienfor claim of personal injuries. Creates a process by which alien in favor of the Department of Medical Assistance Services ona claim for personal injuries may be satisfied upon the request ofthe injured person who received medical care or services to treatsuch personal injury. The bill provides that the Department is requiredwithin 30 days of receipt of the request of the injured person to provide such injured person or his personal representative with anitemized statement detailing all health care expenses paid for bya program of the Department and a sum specific demand for paymentin full and final resolution of the Department's lien. The bill providesthat if the Department fails to respond to such request, the injuredparty or his personal representative may submit to the Departmentan offer of payment for sum certain in satisfaction of the lien,and the Department may then, within 30 days, accept or reject such offer.
Improvements, repairs, or maintenance of property;entering adjoining property; petition for entry. Allowsan owner or lessee of real property who seeks to improve, repair,or maintain his property to petition the circuit court for a licenseto enter adjoining property for the purpose of performing the improvements,repairs, or maintenance when the property is so situated that itis impossible to perform the improvements, repairs, or maintenancewithout entering such adjoining property and permission to entersuch adjoining property has been denied. The bill provides that suchlicense shall be granted by the court in an appropriate case uponsuch terms as justice requires. No such entry shall be deemed a trespass,and the licensee shall be liable to the adjoining owner or his lesseefor actual damages occurring as a result of the entry.
Breach of a contract; attorney fees; factors.Provides that, for any contract entered into on or after July 1,2024, if such contract contains a provision allowing the award ofattorney fees to a party when the other party to such contract breachessuch contract, the court may also allow reasonable attorney feesto be awarded to the party that prevails in any action, whether asplaintiff or defendant, with respect to such contract. The bill requiresthe court to take into account certain factors in determining such reasonable attorney fees.
Expungement of police and court records.Provides that for the purposes of expungement of police and courtrecords the term "otherwise dismissed" means to render a legal actionout of consideration in a different way or manner than a nolle prosequi or formal dismissal by the trial court. The bill specifies thatthe term "otherwise dismissed" also includes those circumstanceswhen a person is charged with the commission of a crime, a civiloffense, or any offense defined in relevant law and the initial chargeis reduced or amended to another offense, including a lesser includedoffense or the same offense with a lesser gradient of punishment,so that such person is not convicted of the initial charge and mayfile a petition requesting expungement of the police and court recordsrelating to the initial charge.
Industrial development authorities; disclosurestatements. Eliminates the requirement for industrial development authority and economic development authority board members representingtowns with populations of 3,500 or less to file a disclosure statementof certain personal interests and other information.
Vacant building registration; Town of Waverly; civil penalty. Adds the Town of Waverly to the list of localities with the authority to require the owner of buildings that have been vacant for a continuous period of 12 months or more and that meet the definition of "derelict building" to register such buildings on an annual basis and to impose an annual registration fee not to exceed $100 to defray the cost of processing such registration. Failure to register is punishable by a $200 civil penalty and in some cases a $400 civil penalty. This bill was incorporated into SB 48.
Recovery residences; certification requirements;death and serious injury reports; work group; report. Requiresthe Department of Behavioral Health and Developmental Services to promulgate regulations that require recovery residences to (i) complywith uniform health and safety requirements established by the Departmentand published on its website and (ii) report to the Department, inthe same manner as licensed facilities and programs, any death orserious injury that occurs in the recovery residence. The bill requiresthe Department to maintain on its website the certification standardsof the credentialing entity for each recovery residence. The billalso requires the Department to convene a work group to (a) analyzeand make recommendations regarding the creation of a process throughwhich the Department can provide oversight of all recovery residencesin the Commonwealth, (b) make recommendations to ensure transparencywith the public and residents or potential residents of recoveryresidences regarding the certification of each recovery residence,and (c) report its findings and recommendations to the General Assemblyby November 1, 2024.
