Del. J.R. Henson

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 is identical to HB 805.

Virginia Residential Landlord and Tenant Act; Department of Housing and Community Development; summary of rental agreement provisions. Requires landlords to include, upon request, a summary page with any written rental agreement offered to a prospective tenant that includes the duration of the lease, the amount of rent and the date upon which such rent shall be due, an explanation of any deposits and late fees that may be charged, and any termination provisions. The bill also directs the Director of the Department of Housing and Community Development to develop a sample summary page to be used by landlords to summarize the provisions of the lease agreement and to maintain such sample summary page on the Department's website in English and any language for which any locality in the Commonwealth regularly provides official government communications. The bill also requires any landlord who owns or manages more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in any locality in the Commonwealth that regularly provides official government communications in languages other than English to provide, upon request of a prospective tenant, such summary page in any of such languages using the sample summary page developed by the Director.

Public elementary and secondary schools; student discipline; evidence-based restorative disciplinary practices. Prohibits, except in certain cases involving specific offenses enumerated in applicable law or in cases in which the division superintendent or his designee finds that aggravating circumstances, as defined by the Department of Education, exist, any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school without first considering at least one evidence-based restorative disciplinary practice such as community conferencing, community service, mentoring, a peer jury, peer mediation, positive behavioral interventions and supports, a restorative circle, or the Virginia Tiered Systems of Supports. The bill also requires the Department to add as part of the student behavior and administrative response collection required pursuant to relevant law the use of evidence-based restorative disciplinary practices as a behavioral intervention in order to evaluate the use and effectiveness of such practices. This bill is identical to SB 586.

Prohibiting employer seeking wage or salaryhistory of prospective employees; wage or salary range transparency;cause of action; civil penalty. Prohibits a prospective employerfrom (i) seeking the wage or salary history of a prospective employee;(ii) relying on the wage or salary history of a prospective employeein determining the wages or salary the prospective employee is tobe paid upon hire; (iii) relying on the wage or salary history ofa prospective employee in considering the prospective employee foremployment; (iv) refusing to interview, hire, employ, or promotea prospective employee or otherwise retaliating against a prospectiveemployee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for eachjob, promotion, transfer, or other employment opportunity the wage,salary, or wage or salary range. The bill establishes a cause ofaction for an aggrieved prospective employee or employee and providesthat an employer that violates such prohibitions is liable to theaggrieved prospective employee or employee for statutory damagesbetween $1,000 and $10,000 or actual damages, whichever is greater,reasonable attorney fees and costs, and any other legal and equitablerelief as may be appropriate. The bill also provides for civil penaltiesfor violations not to exceed $1,000 for a first violation, $2,000for a second violation, and $4,000 for a third or subsequent violation.

Railroad safety; civil penalties. Adds various requirements for railroad companies, including (i) prohibiting placing stationary cars or trains on its track within 1,500 feet on bothsides of any crossing of a railroad with a highway; (ii) prohibitingtrains that exceed 8,500 feet in length on any mainline or branchline; (iii) requiring a crew of at least two qualified individualson all trains, locomotives, or light engines used in connection withmoving freight; (iv) requiring warning signs or devices for certaintrack obstructions that could endanger a railroad company employee; and (v) requiring walkways adjacent to yard tracks where employeesregularly perform switching service. The bill requires that finesfor a violation of the train-length requirement be deposited in theShortline Railway Preservation and Development Fund for railway safetyprojects.

Commission on Electric Utility Regulation; evaluation of infrastructure necessary for electric vehicle charging facilities. Directs the State Corporation Commission and the Department of Housing and Community Development to provide technical assistance to the Commission on Electric Utility Regulation (the Commission) if the Commission evaluates the design and deployment of the electrical distribution infrastructure necessary to support the installation of electric vehicle charging facilities in new developments consisting of single-family and multifamily residential units. The bill requires the Commission to engage representatives from the residential and commercial development industries, private sector utility consultants, and other stakeholders if it conducts such an evaluation.

Arrest, prosecution, and disciplinary proceduresand penalties for individuals experiencing or reporting overdoseswhile incarcerated. Provides that no individual incarceratedin a local, regional, or state correctional facility shall be subjectto arrest or prosecution for or disciplinary procedures or penaltiesrelated to the unlawful purchase, possession, or consumption of alcohol;possession of a controlled substance; possession of marijuana; intoxicationin public; or possession of controlled paraphernalia if (i) suchindividual seeks or obtains emergency medical attention for himselfor another individual experiencing an overdose or is experiencingan overdose and another individual seeks or obtains emergency medicalattention for him and (ii) the evidence for a prosecution or disciplinaryprocedures and penalties of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no correctional officer, deputy sheriff, or jail officer acting in a good faith shallbe found liable for false arrest if it is later determined that theperson arrested was immune from prosecution or disciplinary proceduresor penalties.

Fines and costs; period of limitations on collection; deferred payment agreement. Changes the period of limitations for the collection of court fines and costs from within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court to within 10 years from the date of the judgment whether imposed by a circuit court or general district court. The bill provides that upon the expiration of the period of limitations, no action shall be brought to collect the debt. The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration. This bill is identical to HB 857.

Noncitizens of the United States; terminology.Removes the term "alien" as it pertains to persons who are not citizensor nationals of the United States and replaces it with synonymouslanguage, as appropriate, throughout the Code of Virginia.

Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits.The bill provides that the provisions shall apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if it is determined that, upon retroactive application of the provisions, the release date of any such person passed prior to the effective date of this act, the person shall be released upon approval of an appropriate release plan and within 60 days of such determination unless otherwise mandated by court order; however, no person shall have a claim for wrongful incarceration on the basis of such retroactive application. If a person is released prior to completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court order, the person shall be required to complete such programs under probation, provided probation is mandated by the court and current community resources are sufficient to facilitate completion of the aforementioned programs. The bill has a delayed effective date of July 1, 2025.