Del. Nick Freitas

Income tax deduction; primary and secondaryschool tuition or home instruction expenses. Provides an incometax deduction beginning in taxable year 2020 for education expenses incurred by the parent or guardian of a child under the age of 18. Qualifying education expenses for the deduction are defined in thebill as tuition for a primary or secondary school in the Commonwealth,or expenses directly related to the home instruction of children.

Fetal dismemberment prohibited. Prohibitsa person licensed by the Board of Medicine to practice medicine fromperforming an abortion that involves dismemberment of a fetus.

Investment of funds in corporate notes. Provides for investment of funds in corporate notes by public bodies.

Carrying a concealed handgun; permit not required. Allows any person who is otherwise eligible to obtain a concealedhandgun permit to carry a concealed handgun without a permit anywherehe may lawfully carry a handgun openly within the Commonwealth.

Virginia National Guard member benefits; healthsavings accounts. Provides that a member of the Virginia NationalGuard may elect to receive, in lieu of any tuition assistance grants,a matching contribution from the state to a health savings account.The Department of Military Affairs shall establish a health savingsaccount for any member who elects to receive this benefit. The matchingcontribution shall equal the member's contribution up to the maximumamount allowable by federal law. In order to qualify, a member must(i) have a minimum remaining obligation of two years, (ii) have satisfactorilycompleted required initial active duty service, (iii) be satisfactorilyperforming duty in accordance with regulations of the National Guard,and (iv) be eligible for such an account under federal law. The billalso provides that in the event that a member ceases to be eligiblefor a health savings account, by reason of being called to activeduty military service or otherwise, all contributions from the stateshall stop and the Department of Military Affairs shall provide noticeto the member of the loss of eligibility.

Children with disabilities; alternative placements;state funds. Requires the parent of any child with a disabilitywho is placed in a public school pursuant to his individualized educationprogram who subsequently places his child in a nonpublic school settingto receive from the school board, upon request, the applicable Standardsof Quality per pupil state funds appropriated for public school purposesand apportioned to the school division, including the per pupil shareof state sales tax funding in basic aid and any state per pupil shareof special education funding for which the child is eligible, topay for tuition and fees associated with such nonpublic school setting,subject to such rules, regulations, or procedures as the Departmentof Education may establish. The bill requires each such parent tosubmit annually to the division superintendent an evaluation or assessmentthat indicates that the child is achieving an adequate level of educationalgrowth and progress.

Students who receive home instruction; participationin interscholastic programs. Prohibits public schools from joiningan organization governing interscholastic programs that does notdeem eligible for participation a student who (i) receives home instruction;(ii) has demonstrated evidence of progress for two consecutive academicyears; (iii) is in compliance with immunization requirements; (iv)is entitled to free tuition in a public school; (v) has not reachedthe age of 19 by August 1 of the current academic year; (vi) is anamateur who receives no compensation but participates solely forthe educational, physical, mental, and social benefits of the activity;(vii) complies with all disciplinary rules and is subject to allcodes of conduct applicable to all public high school athletes; and(viii) complies with all other rules governing awards, all-star games,maximum consecutive semesters of high school enrollment, parentalconsents, physical examinations, and transfers applicable to allhigh school athletes. The bill provides that no local school boardis required to establish a policy to permit students who receivehome instruction to participate in interscholastic programs. Thebill permits reasonable fees to be charged to students who receivehome instruction to cover the costs of participation in such interscholasticprograms, including the costs of additional insurance, uniforms,and equipment. The bill has an expiration date of July 1, 2025.

Commending the Loudoun Hunt.

State sales and use tax in the Historic Triangle;sunset; referendum. Repeals the additional state sales tax imposedin the Historic Triangle on July 1, 2026, unless the tax is affirmedby voters in a referendum held in the City of Williamsburg and theCounties of James City and York.

Administrative Process Act; review of occupational regulations. Creates a procedure by which a person may petitionan agency to review whether an existing occupational regulation isnecessary for the protection or preservation of the health, safety,and welfare of the public and meets other statutorily enumeratedcriteria. The bill also creates a cause of action whereby any personwho is adversely affected or aggrieved by an occupational regulationthat such person believes is not necessary for the protection orpreservation of the health, safety, and welfare of the public ordoes not meet other statutorily enumerated criteria may seek judicialreview of such regulation. The bill provides that the burden of proof shall be upon the party complaining of the occupational regulationto demonstrate by a preponderance of the evidence that the challengedoccupational regulation on its face or in its effect burdens theentry into or participation in an occupation and, thereafter, theburden shall be upon the agency to demonstrate by a preponderanceof the evidence that the challenged occupational regulation is necessaryto protect or preserve the health, safety, and welfare of the publicand complies with certain other statutorily enumerated requirements.The bill provides that if the court finds in favor of the party complainingof the agency action, the court shall declare the regulation nulland void.