Del. Marcus Simon

Notarial acts; knowledge-based authentication assessment; requirements. Adds a knowledge-based authentication assessment to the methods by which a notary public may obtain satisfactory evidence of identity of an individual. As defined in the bill, a knowledge-based authentication assessment requires a principal to take a quiz composed of at least five questions related to the principal's personal history or identity and to score at least 80 percent on such quiz. The bill provides that if the principal fails to achieve a score of at least 80 percent, he may attempt up to two additional quizzes within 48 hours following the first failed quiz. The bill also provides that no notarial act shall be invalidated solely based on the failure of a notary public to perform a duty or meet a requirement as required by law; however, the validity of a notarial act shall not prohibit an aggrieved person from invalidating a record or transaction or from seeking other remedies as allowed by law. The bill provides that these provisions shall apply retroactively to any notarial act that was performed before July 1, 2024.

Department of Medical Assistance Services; lien for claim of personal injuries. Creates a process by which a lien in favor of the Department of Medical Assistance Services on a claim for personal injuries may be satisfied upon the request of the injured person who received medical care or services to treat such personal injury. The bill provides that the Department is required within 60 days of receipt of the request of the injured person to provide such injured person or his personal representative with an itemized statement detailing all health care expenses paid for by a program of the Department and a sum specific demand for payment in full and final resolution of the Department's lien. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department. The bill provides that if the Department fails to respond to such request, the injured party or his personal representative may submit to the Department an offer of payment for a sum certain in satisfaction of the lien, including an explanation of the reasons for such offer, and the Department may then, within 30 days, accept or reject such offer. The bill also clarifies that such process is not the exclusive means by which an injured person or his personal representative may request such itemized statement of health care expenses. Under the bill, the Department shall report on a quarterly basis those offers of the payment for a sum certain in satisfaction of liens to which it does not respond to the Senate Committee on Finance and Appropriations and the House Committee on Appropriations.

Foreclosure procedures; subordinate mortgage; affidavit required. Provides that, when a foreclosure sale is initiated due to a default in payment of a subordinate security instrument, such subordinate mortgage lienholder shall submit to the trustee an affidavit affirming whether monthly statements were sent to a property owner for each period of assessed interest, fees, or other charges and to include in such affidavit an itemized list of the current amount owed. The bill also requires that any purchaser at a foreclosure sale pay off any priority security instrument no later than 90 days from the date that the trustee's deed conveying the property is recorded in the land records, and, if such purchaser fails to pay, the person originally required to pay such instrument has the right to petition the circuit court of the city or county where the property is located to recover from such purchaser any payments made on such instrument after the date of the foreclosure sale, plus any attorney fees and costs.

Charter; City of Falls Church; qualificationsof members of boards and commissions. Removes the requirementin the City of Falls Church charter that board and commission membersbe qualified voters, replacing it with an age requirement of at least18 years of age while leaving the city residence requirement.

Annual retail sales and use tax holiday. Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on July 1, 2025, through July 1, 2030. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment. This bill is identical to SB 116.

Prescription of opioids; sickle cell anemia.Exempts prescribers from certain requirements of the PrescriptionMonitoring Program related to prescribing opioids if the opioid isprescribed to a patient for pain management related to sickle cellanemia.

Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances provided that such conviction occurred more than four years prior to the application date for employment. This bill is identical to SB 626.

Exemptions from garnishment and lien; householder; total value. Increases from $25,000 to $50,000 the amount that a householder may hold exempt from the creditor process for real or personal property that the householder or his dependent uses as a principal residence. The bill also increases from $6,000 to $10,000 the amount a householder is entitled to hold exempt from the creditor process for his motor vehicle. The bill further provides that, beginning on April 1, 2027, any increases in exempt amounts shall be adjusted at three-year intervals to reflect the change in the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The bill provides that such adjustments shall be calculated by the Department of Planning and Budget.

Establishment by localities of certain real estate contract disclosures prohibited. Prohibits localities from establishing or enforcing a mandatory disclosure requirement for a real estate licensee, any party to a contract for the sale or listing of residential real property, or any authorized agent of such party. The bill provides that prohibited mandatory disclosures include mandatory notifications in contracts, contract amendments or addenda, advertising, other promotional materials, and subsequent deeds after the initial deed is recorded, related to the sale of residential real estate. This bill is identical to SB 354.

Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to SB 356.