Del. J.R. Henson

Casino gaming; consideration of service permit application. Provides that the Virginia Lottery (the Department) may only consider the criminal record information of an applicant for a service permit for the eight years immediately preceding the date of the application. The bill also directs the Department to issue or deny any service permit within 30 business days of receipt; requires service permits to be renewed by the Virginia Lottery Board every 10 years; requires service permit application forms to include additional space for an applicant to include a written narrative detailing important facts regarding his application; and makes the service permit application fee refundable.

Protection of employees; coercion or threat based on immigration status; civil penalty. Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

Department of Social Services; requests for records or information concerning applicants for and recipients of public assistance; public notice required. Requires the Commissioner of Social Services to make a public notice available on the Department of Social Services' website within 10 days of receiving a request for a record or information concerning 25 or more applicants for or recipients of public assistance or child support for a purpose not directly connected to the administration of such programs. If a local department of social services receives a request for information that meets the requirements of the bill, such local department of social services is required to notify the Commissioner of such request. The bill establishes the form of such public notice and requires such notice to be made available (i) regardless of whether such information has been previously been shared; (ii) regardless of the identity of the requestor, unless such request is permitted under existing law; and (iii) even when a request is made in compliance with state and federal law and regulation.

Virginia Residential Landlord and Tenant Act; landlord remedies; rental agreement noncompliance; victim of family abuse. Removes the requirement that a tenant who is a victim of family abuse provide the landlord prompt notification should the perpetrator return to the dwelling unit to prevent the landlord from terminating a lease solely due to such act of family abuse occurring in the dwelling unit or on the premises by a perpetrator barred from the dwelling unit. Under the bill, if the tenant provides the landlord with a copy of the protective order, should the perpetrator not already be barred from the unit by the landlord, the lease shall not be terminated due solely to an act of family abuse against the tenant by a perpetrator barred from the dwelling unit.

Department of Education; School Health Services Committee; annual mental health screenings for public school students in grades six through 12; recommendations on guidance and best practices. Directs the School Health Services Committee (the Committee), in collaboration with the Department of Education, to study and make recommendations on best practices for annual mental health screenings for public school students in grades six through 12 that utilize evidence-based tools. The bill directs the Committee to include its findings and recommendations in its annual report required pursuant to applicable law.

Discovery; methods of delivery. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law.The bill requires the attorney for the Commonwealth in any district court to provide to counsel of record for the accused, if requested, a copy of any relevant police report at least 10 days prior to the date the case is set for trial or preliminary hearing, and such report is subject to limitations on dissemination. The bill further provides that if such materials are provided to counsel of record for the accused in district court for a preliminary hearing, the circuit court shall order such counsel to provide discovery to the attorney for the Commonwealth subject to the relevant Rules of the Supreme Court of Virginia prior to trial in circuit court. Lastly, the bill provides that if at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with such provisions, the court may order the Commonwealth to permit discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.

Virginia National Guard; reports to the General Assembly; state militias; work group; report. Requires the Adjutant General to submit an annual report to the General Assembly detailing federal and state deployments of the Virginia National Guard and other matters relating to retention, readiness, funding, and resources. The bill prohibits the Governor from calling forth the Virginia National Guard for the purpose of intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, a person in giving his vote or ballot or to deter or prevent such person from voting. The bill additionally prohibits armed militia from another state, territory, or district from entering the Commonwealth for the purpose of active military duty over the objection of the Governor without meeting certain conditions. The bill allows certain members of the General Assembly to request that the Attorney General assess the legality of the deployment of the (i) National Guard of another state within the Commonwealth or (ii) Virginia National Guard. Finally, the bill directs the Secretary of Veterans and Defense Affairs to convene a work group to assess the most appropriate manner and process by which the Governor and members of the General Assembly should respond to deployments of the Virginia National Guard. This bill is identical to SB 337.

Use of school buses for public purposes by local governing bodies; insurance reimbursement. Permits any local governing body that use school buses for certain public purposes pursuant to an agreement with a school board to reimburse the school board for the proportionate share of any insurance costs, both fixed and variable, of such buses incurred by such school board that are attributable to the use of such buses pursuant to such agreement in lieu of the existing statutory requirement for such a local governing body to supply sufficient insurance for such school buses.

Motor vehicle glass repair and replacement; emissions inspection; penalties. Establishes various notice requirements for motor vehicle glass repair shops, defined in the bill, and provides that a violation of such requirements is a prohibited practice under the Virginia Consumer Protection Act. The bill permits a motor vehicle to qualify for an emissions inspection waiver if such vehicle has failed an inspection and the vehicle's onboard diagnostic system is in a not-ready condition to be tested when presented for reinspection. This bill is identical to SB 767.

Department of Environmental Quality; industrial wastewater; publicly owned treatment works; PFAS monitoring. Directs every publicly owned treatment works (POTW) to require certain new or industrial users of such POTW to perform and report to such POTW no later than 30 days after receipt from a laboratory the results as received of quarterly discharge monitoring for perfluoroalkyl and polyfluoroalkyl substances (PFAS) for an initial characterization period of one year, provided, however, that such POTW may discontinue remaining quarterly monitoring by an industrial user with proper monitoring results that are below the method detection level for the first two quarters. If an industrial user detects PFAS in any amount above the detection method limit in its initial year of quarterly monitoring, the bill requires such industrial user to continue to perform and report to the POTW no later than 30 days after receipt from the laboratory the results as received of quarterly discharge monitoring for PFAS. The bill requires a POTW that receives PFAS monitoring results to report such results to the Department of Environmental Quality on a quarterly basis. Finally, the bill directs any POTW to notify an owner or operator of an industrial user subject to the monitoring requirements of the bill of the requirement to submit the initial quarterly monitoring results for PFAS within 30 days of the effective date of the bill. This bill is identical to SB 138.