Development and use of accessory dwelling units.Provides that all localities shall allow for the development anduse of one accessory dwelling unit (ADU) per single-family dwelling(SFD), notwithstanding any contrary provision of a zoning ordinance.The bill defines "accessory dwelling unit" or "ADU" as an independentdwelling unit on a single-family lot with its own living, bathroom,and kitchen space that may be within or attached to SFDs or in detachedstructures on lots containing SFDs. ADUs may include basements, attics,flats, guest houses, cottages, and converted structures such as garages and sheds. The bill requires localities to regulate the sizeand design of ADUs through an approval process, as well as regulatefees, parking, and other requirements, provided that the regulations(i) are not so arbitrary, excessive, or burdensome, individuallyor cumulatively, as to unreasonably restrict the ability of propertyowners to utilize or create ADUs and (ii) do not require the propertyowner to occupy the ADU or SFD as his primary residence.
Sponsored bills
Law enforcement; use of force; data collectionand reporting requirement. Requires state and local law-enforcementofficers to collect data on use of force incidents involving law enforcement and forward the data to the Superintendent of StatePolice, which the Department of State Police shall include in theannual Crime in Virginia report. Such incidents include the following:(i) any fatality to a civilian; (ii) any serious bodily injury toa civilian; or (iii) in the absence of either death or serious injury,a discharged firearm by a state or local law-enforcement officerat or in the direction of a person. The bill specifies information required to be included in such incident report.
Study; JLARC; special education staffing ratios;report. Directs the Joint Legislative Audit and Review Commissionto include in its current review of the effectiveness of Virginia'sspecial education programs an examination of the prescribed and actualratios of students to special education instructional and supportpersonnel in public elementary and secondary schools in the Commonwealthto determine whether any adjustment to such ratios is necessary.
Community services boards; funding formula;population and need. Adds the total population of the area servedby each community services board and the level of need for servicesprovided by a community services board among the population of thearea served to the list of criteria the Department of BehavioralHealth and Developmental Services must consider when allocating state-controlledfunds to community services boards.
Child abuse and neglect; gender identity orsexual orientation. Expands the definition of "abused or neglected child" to include any child whose parents, or other person responsiblefor his care, create or inflict, threaten to create or inflict, orallow to be created or inflicted upon such child a physical or mentalinjury on the basis of the child's gender identity or sexual orientation.
Protective orders on behalf of incapacitatedpersons. Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuseor non-family abuse. If the court finds by a preponderance of theevidence that the person is an incapacitated person and lacks thecapacity to file such petition for himself, the court shall granta guardian ad litem to represent the interests of the incapacitatedperson and may issue an order granting the preliminary protectiveorder if other conditions required for the issuance of a preliminaryprotective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and atthe full hearing on the petition. At the full hearing on the petition,the court may issue a protective order for a specified period oftime, up to a maximum of two years, if the court finds by a preponderanceof the evidence that the employee of a local department who filedthe petition has proven the allegation of abuse or that the incapacitatedperson has been subjected to an act of violence, force, or threat.
Overtime compensation; penalties. Requiresan employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay for any hours worked in excess of 40 hours in any one workweek.The sanctions for an employer's failure to pay such overtime wages,including civil and criminal penalties, are the same as currentlyprovided for failing to pay wages generally.
Right to work. Repeals the provisions ofthe Code of Virginia that, among other things, prohibit any agreementor combination between an employer and a labor union or labor organizationwhereby (i) nonmembers of the union or organization are denied theright to work for the employer, (ii) membership in the union or organization is made a condition of employment or continuation ofemployment by such employer, or (iii) the union or organization acquiresan employment monopoly in any such enterprise.
Study; JLARC; feasibility of adjusting the compositeindex of local ability to pay and expanding access to the cost ofcompeting adjustment; report. Directs the Joint LegislativeAudit and Review Commission to study the feasibility of adjusting the composite index of local ability to pay and expanding accessto the cost of competing adjustment by (i) reviewing current statutory,constitutional, and budgetary provisions governing the calculationof Standards of Quality costs and funding; (ii) examining the componentsof the composite index of local ability to pay and the cost of competingadjustment; (iii) evaluating other states' public school fundingformulas; and (iv) hearing local concerns and seeking input fromvarious state and national experts, as applicable.
Study; JLARC; reinstatement of discretionaryparole; report. Directs the Joint Legislative Audit and ReviewCommission to study the reinstatement of discretionary parole, whichwas abolished in 1995.