Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. The bill provides that a court, after a finding of guilt has been made and prior to entering a final order of conviction, shall determine by a preponderance of the evidence whether the victim of the offense was a family or household member or an intimate or dating partner for the purposes of determining the firearms prohibition.
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Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. Requires a landlord, prior to giving a tenant 21 days' notice of his intention to terminate the rental agreement for a dwelling unit that has been damaged or destroyed by fire or casualty, to (i) make a reasonable effort to meet with the tenant to discuss reasonable alternatives and to offer the tenant a substantially similar unit, if one is available, or (ii) determine that the damage was caused by the tenant's failure to maintain the dwelling unit in accordance with certain provisions. Current law allows the landlord to terminate such agreement by giving the tenant 14 days' notice of his intention to terminate on the basis of the landlord's determination that such damage requires the removal of the tenant and that the use of the premises is substantially impaired. The bill requires the landlord, upon receiving a request from the tenant after the tenant has received such notice, to reevaluate the extent of damage and habitability of such unit unless the landlord has determined that the damage was caused by the tenant's failure to maintain the dwelling unit.
Minimum wage. Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020. This bill is identical to SB 1.
Limitation on sentence upon revocation of suspensionof sentence; technical violations. Provides that when conductinga revocation hearing, the court shall consider at the same revocationhearing all alleged technical violations that occurred prior to suchrevocation hearing and have not been previously considered by thecourt. The bill also requires that when a defendant has been takeninto custody for an alleged first or second technical violation forwhich the court may only impose up to 14 days of active incarceration,the court shall adjudicate such violation within 14 days of the defendantbeing taken into custody. The bill states that if such violationis not adjudicated within 14 days of the defendant being taken intocustody, the defendant shall be admitted to bail, unless (i) suchdefendant consents to being further detained while awaiting adjudicationor sentencing or (ii) the Commonwealth has established, by clearand convincing evidence, that the defendant presents a significantrisk of harm to himself or the community based on substance use disorderor serious mental illness and has been referred for residential treatment.Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing onsuch alleged technical violation for longer than 30 days.
Tax exemptions; Confederacy organizations. Eliminates the exemption from state recordation taxes for the Virginia Division of the United Daughters of the Confederacy and eliminates the tax-exempt designation for real and personal property owned by the Virginia Division of the United Daughters of the Confederacy, the General Organization of the United Daughters of the Confederacy, the Confederate Memorial Literary Society, and the Stonewall Jackson Memorial, Incorporated. This bill is identical to SB 517.
Virginia Residential Landlord and Tenant Act; prohibited provisions; fees for maintenance and periodic payments. Prohibits rental agreements subject to the Virginia Residential Landlord and Tenant Act from containing provisions that the tenant agrees to (i) pay any fee for the maintenance or repair of any unit subject to such rental agreement unless necessitated by the tenant's violation of a requirement of the Act or (ii) pay any fee to submit periodic rent payments or other amounts due, unless the landlord offers an alternative method of payment that does not include additional fees.
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.
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.