Del. Dan Helmer

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.

Voter registration; registration of Department of Motor Vehicles customers; automatic update. Provides that the information gathered by the Department of Motor Vehicles for a person who indicates that he is already registered to vote is to be automatically transmitted to the Department of Elections for the purpose of updating an existing voter registration record. Under current law, a person must be presented with the option to decline to have his information transmitted to the Department of Elections before such information may be transmitted.

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.

Consumer protection; failure to honor service warranty. Prohibits a supplier in connection with a consumer transaction from failing to honor a service warranty of another supplier after acquiring the business of such other supplier. A violation of the provisions of the bill constitutes a violation of the Virginia Consumer Protection Act.

Firearms instructors and safety programs; National Rifle Association and United States Concealed Carry Association. Removes references to the National Rifle Association (the NRA) and the United States Concealed Carry Association from the Code that allow the organizations to certify ranges and instructors and for courses offered by them to serve as proof of demonstrated competence in firearms safety and training for the purpose of obtaining a concealed handgun permit or receiving training as a minor in the use of pneumatic guns. The bill also repeals authority for special license plates in support of the NRA.

Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions. Employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave for their need for services or relocation due to domestic abuse, sexual assault, or stalking. The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements. The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2025.

Study; State Council of Higher Education for Virginia; offering reduced rate in-state tuition rates at public institutions of higher education in the Commonwealth to dependents of public school instructional, administrative, and support personnel in the Commonwealth; report. Requests the State Council of Higher Education for Virginia to study, in collaboration with the Department of Education, the feasibility and efficacy of offering the dependents of public school instructional, administrative, and support personnel in the Commonwealth reduced rate in-state tuition at public institutions of higher education in the Commonwealth for the purpose of improving retention rates of public school instructional, administrative, and support personnel in the Commonwealth.

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.

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.

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.