Del. Patrick Hope

Administrative Process Act; exemptions; limitations; appeals of case decisions regarding benefits sought. Provides that in appeals of case decisions regarding the grant or denial of Temporary Assistance to Needy Families (TANF), Medicaid, Supplemental Nutrition Assistance Program (SNAP) benefits, general relief, auxiliary grants, or state-local hospitalization, the review shall be based upon the agency record and the court may enter intermediate relief. The bill also provides that in such appeals, unless an error of law appears, the court shall enter judgment by dismissing the review action or affirming the agency regulation or decision.

Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor service employers retain incumbent service employees during a transition period of 90 days. Under the bill, service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that a employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages.

Firearm locking device required for sale or transfer of firearm; warning against accessibility to children; penalty. Makes it a Class 3 misdemeanor for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person other than a licensed manufacturer, licensed importer, or licensed dealer unless the transferee is provided with a locking device for that firearm and the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so. The bill provides exceptions for law-enforcement and governmental agencies. This bill incorporates HB 12.

Virginia Public Procurement Act; additional public works contract requirements. Provides that public bodies shall require the contractor and its subcontractors for any capital outlay project, as defined in the bill, to complete certain safety training programs, maintain records of compliance with applicable laws, and participate in approved apprenticeship training programs. The bill provides exemptions from such requirements for reasons related to lack of availability of apprentices and high costs. The bill has a delayed effective date of July 1, 2025.

Recognition of the Wolf Creek Cherokee Tribe of Virginia. Extends state recognition to the Wolf Creek Cherokee Tribe of Virginia within the Commonwealth.

Judicial Inquiry and Review Commission; membership; training requirements; Commission staff; JLARC study; report. Increases the membership of the Judicial Inquiry and Review Commission (the Commission) from seven to nine members and reduces from 15 to 10 years the legal practice requirement of any member of the Commission. The bill further provides for staggered terms of the members of the Commission. The bill requires that members of the Commission complete a certain amount of education on judicial misconduct and correcting implicit bias. The bill further directs the Joint Legislative Audit and Review Commission to, by November 30, 2025, (i) review (a) procedures for reviewing complaints received and adjudicating complaints, (b) processes for determining whether to conduct informal or formal hearings, and (c) any informal or established rules used to determine disciplinary action imposed on a judge or justice and provide recommendations as to the codification and publication of any such procedures, processes, or rules; (ii) research sanctions not currently used in the Commonwealth, including suspension without pay, mandatory recusal from certain cases, and payment of costs and fees associated with investigations and whether such sanctions are used in other states and their efficacy; (iii) provide recommendations on establishing a conflict of interest policy and code of conduct for the Commission and its staff; and (iv) study the potential benefits of combining the Judicial Performance Evaluation program with the tasks of the Commission.

Study; joint committee of the House Committee on Education and the Senate Committee on Education and Health; challenges faced by and effective strategies for ensuring the sustainable, long-term success of the five historically black colleges and universities in the Commonwealth; report. Establishes a joint committee consisting of five members of the House Committee on Education and three members of the Senate Committee on Education and Health to study the challenges faced by and effective strategies for ensuring the sustainable, long-term success of the five historically black colleges and universities in the Commonwealth–Hampton University, Norfolk State University, Virginia State University, Virginia Union University, and Virginia University of Lynchburg–by discussing, adopting, and recommending to the Governor and the General Assembly for formal recognition and endorsement a comprehensive statewide HBCU Support Plan.

Study; State Council of Higher Education for Virginia; public institutions of higher education in the Commonwealth; guaranteed first-year admission; report. Requests the State Council of Higher Education for Virginia to study the feasibility of implementing a guaranteed first-year admission policy at each public institution of higher education for certain high school graduates in the Commonwealth and report its findings and recommendations no later than the first day of the 2025 Regular Session of the General Assembly.

Health insurance; coverage for therapeutic day treatment services. Requires health insurers providing health care plans to provide coverage for therapeutic day treatment services for children with serious emotional disturbances, defined in the in bill as children who have a mental illness diagnosis and have experienced functional limitations due to emotional disturbance, including experiencing a school shooting or the loss of a loved one in a school setting, over the past 12 months on a continuous or intermittent basis. Under the bill, "therapeutic day treatment services" are treatment programs that combine psychotherapeutic interventions with education and mental health and may include evaluation; medication education and management; opportunities to learn and use daily living skills and to enhance social and interpersonal skills; and individual, group, and family counseling. The bill applies to plans delivered, issued for delivery, or renewed on and after January 1, 2025.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term.