Del. Laura Jane Cohen

Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill incorporates HB 60, HB 193, HB 458, HB 600, HB 616, HB 1159, and HB 1437 and is identical to SB 14.

Firearm locking device required for purchase of a firearm; warning against accessibility to children; penalty. Requires any person who purchases a firearm to either (i) obtain or purchase from a licensed dealer a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (ii) complete a certification statement on a form provided by the Department of State Police certifying that a minor is not present in such person's residence for 14 days or more in a calendar month, with exceptions enumerated in the bill. Accordingly, the bill provides that it is unlawful 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 (a) 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 and (b) the transferee (1) obtains or purchases a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (2) completes the certification statement. A violation of either provision is a Class 3 misdemeanor.

Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by such public institution of higher education to conduct its programs or activities within such building, as such uses are approved through the law-enforcement or public safety unit of such institution. This bill is identical to SB 383.

Public schools; mental health awareness trainingand instruction; requirements. Requires the health educationprogram required for each public school to include, at such gradelevels as the Board of Education deems appropriate, an age-appropriateprogram of instruction on suicide prevention and awareness, consistentwith curriculum guidelines developed by the Board and approved bythe State Board of Health, that includes instruction on the importanceof safe and healthy choices in relation to mental health wellness,healthy coping strategies, and strategies and resources for seekinghelp when a student is or knows someone who is experiencing thoughtsor ideations of suicide or self-harm. The bill requires the Boardto develop and the State Board of Health to approve curriculum guidelinesfor such program of instruction on suicide prevention and awareness.The bill also requires each teacher and other relevant personnel,as determined by the applicable school board, employed on a full-timebasis to complete mental health awareness training that addressesthe needs of youth populations that are at a high risk of experiencingmental health challenges and disorders. Current law requires suchteachers and personnel to complete mental health awareness trainingbut does not contain any requirements relating to the specific topicssuch training must address.

Purchase, possession, sale, transfer, etc.,of assault firearms and certain ammunition feeding devices prohibited;penalty. Creates a Class 1 misdemeanor for any person who imports,sells, manufactures, purchases, possesses, transports, or transfersan assault firearm, as that term is defined in the bill, and prohibitsa person who has been convicted of such violation from purchasing,possessing, or transporting a firearm for a period of three yearsfrom the date of conviction. The bill provides that an assault firearmdoes not include any firearm that is an antique firearm, has been rendered permanently inoperable, is manually operated by bolt, pump,lever, or slide action, or was manufactured before July 1, 2024.The bill also prohibits the sale of a large capacity ammunition feedingdevice, as that term is defined in the bill. The bill provides thatany person who willfully and intentionally (i) sells an assault firearmto another person or (ii) purchases an assault firearm from anotherperson is guilty of a Class 1 misdemeanor and that any person whoimports, sells, barters, or transfers a large capacity ammunition feeding device is guilty of a Class 1 misdemeanor. The bill alsomakes it a Class 1 misdemeanor for any person younger than 21 yearsof age to import, sell, manufacture, purchase, possess, transport,or transfer an assault firearm regardless of the date of manufactureof such assault firearm.

Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; and (iv) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly or recklessly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county or city attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages. This bill is identical to SB 491.

Health insurance; coverage for contraceptivedrugs and devices. Requires health insurance carriers to providecoverage, under any health insurance contract, policy, or plan thatincludes coverage for prescription drugs on an outpatient basis,for contraceptive drugs and contraceptive devices, as defined inthe bill, approved for use as prescribed products or for over-the-counteruse. The bill prohibits a health insurance carrier from imposingupon any person receiving contraceptive benefits pursuant to theprovisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. The provisions of the bill applyto health insurance contracts, policies, or plans delivered, issuedfor delivery, or renewed on and after January 1, 2025.

Equity in public school funding; student need; English language learner, special education, and at-risk students. Places several parameters on Standards of Quality funding calculations performed by the Department of Education, including (i) requiring the Department, when calculating the cost of salaries under the Standards of Quality funding formula, to include facilities staff and transportation staff salaries in the calculation of any cost of competing adjustment to salaries for instructional and support positions that is provided as part of the state share of basic aid pursuant to the general appropriation act; (ii) requiring the Department, when estimating the cost of any compensation supplement for instructional and support positions under the Standards of Quality funding formula, to include and estimate the cost of such a compensation supplement for facilities staff; (iii) prohibiting the Department from applying any cap on inflation rate adjustments to non-personal cost categories during the biennial process of rebenchmarking the direct aid to public education budget; and (iv) requiring the Department to utilize a three-year average of the most recently available data to calculate the composite index of local ability-to-pay for each school division. The bill also amends Standard of Quality 2 by (a) including in the definition of "support services position" any central office clerical position that is not otherwise set forth in such definition, (b) requiring a per-pupil Standards of Quality funding add-on to be provided for English language learner and special education students, (c) requiring, in addition to the positions supported by basic aid, state funding, pursuant to the general appropriation act, to be provided to cover the actual average school division cost to educate children with disabilities, and (d) establishing the At-Risk Program, defined in the bill as any state funding provided for programs of prevention, intervention, or remediation or pursuant to the at-risk add-on for the purpose of supporting programs for students who are educationally at risk. The bill requires (1) the determination of the amount of state funding for which a school division is eligible pursuant to such At-Risk Program to be based on the school division's identified student percentage, defined in the bill as the fraction, expressed as a percentage, that results from dividing the number of identified students enrolled in a school division by the total number of students enrolled in such school division, weighted by the factor of 1.5, and then adjusted by the addition of a percentage that corrects for undercounting English language learner students as identified students and (2) such funding to be distributed as follows: 60 percent on a flat per-student rate and 40 percent on a variable rate set out in the general appropriation act based on the concentration of poverty in the school division. The bill is a recommendation of the Joint Legislative Audit and Review Commission.

Affordable housing; assisted living facilities. Allows localities that have adopted an affordable housing program to require that in an application for a special exception or special use permit affordable rental units be included for any proposed development of an assisted living facility. Such ordinance shall apply to newly licensed assisted living facilities and permit applications approved on or after January 1, 2025.

Minimum wage; farm laborers or farm employees;temporary foreign workers. Eliminates the exemptions from Virginia'sminimum wage requirements for (i) persons employed as farm laborers or farm employees and (ii) certain temporary foreign workers. This bill incorporates HB 866.