Del. Betsy Carr

Study; JLARC; true cost of education; at-riskadd-on and composite index of local ability-to-pay; report. Requires the Joint Legislative Audit and Review Commission to continue itsstudy of the true cost of education in the Commonwealth and its directiveto provide an accurate assessment of the costs to implement the Standardsof Quality and, in conjunction, to study the efficiency and effectivenessof the at-risk add-on and the composite index of local ability-to-payfunding formula as tools for funding public education at levels thatmeet or exceed its true cost. The meeting and reporting deadlinesin the original study are unaffected by the additional study tasks.

Department of Veterans Services; Mental HealthCare Coordinator; position created; report. Establishes the positionof Mental Health Care Coordinator (the Coordinator) in the Departmentof Veterans Services to support and closely coordinate effectivemental health care services for military service members and veteransand their families. The bill directs the Coordinator to report byDecember 1 of each year through the Commissioner of the Departmentof Veterans Services to the Secretary of Veterans and Defense Affairs,the Governor, and the General Assembly on the work of the Coordinatorand any legislative recommendations.

Public institutions of higher education; debtcollection; transcripts and diplomas. Prohibits public institutionsof higher education from (i) refusing to provide a transcript ordiploma for a current or former student on the grounds that the studentowes a debt; (ii) conditioning the provision of a transcript or diplomafor a current or former student on the payment of a debt, other thana fee charged to provide the transcript or diploma; (iii) charginga higher fee to a current or former student for obtaining a transcriptor diploma, or providing less favorable treatment of a transcriptor diploma request because a current or former student owes a debt;or (iv) using transcript or diploma issuance as a tool for debt collection.The bill states that any violation of these provisions constitutesa prohibited practice and is subject to any and all of the enforcementprovisions of the Virginia Consumer Protection Act.

Damage to motor vehicles; catalytic converter; penalties. Makes it a Class 6 felony for a person to commit larceny of a catalytic converter from a motor vehicle, regardless of the converter's value, and provides that any person found in possession of a catalytic converter that has been detached from a motor vehicle shall be presumed to have committed larceny of the catalytic converter unless such person (i) is an authorized scrap seller or (ii) has in his possession documentation establishing that such person lawfully possesses the catalytic converter. The bill also makes it a Class 6 felony for a person to willfully break, injure, tamper with, or remove any part or parts of any vehicle, aircraft, boat, or vessel for the purpose of injuring, defacing, or destroying said vehicle, aircraft, boat, or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner, or to in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat, or vessel, when such violation causes damage to such vehicle, aircraft, boat, or vessel of $1,000 or more. Current law makes such violation a Class 1 misdemeanor with no limit on the amount of damage. Under the bill, the penalty for damage of less than $1,000 remains a Class 1 misdemeanor. For the purposes of determining whether there is damage of $1,000 or more, the bill provides that the cost of any replacement part or parts of any vehicle, aircraft, boat, or vessel and any additional cost necessary to install such replacement part or parts shall be included in the cost of the damage.The bill also requires a scrap metal purchaser, when purchasing proprietary articles from a person who is not an authorized scrap seller, to (a) make copies of the documentation received from the seller establishing the seller lawfully possesses the proprietary articles and keep such copies with the permanent ledger maintained at the scrap metal purchaser's place of business and (b) after purchasing a proprietary article from a person, submit a report to the local sheriff's department or the chief of police describing the proprietary article and including a copy of the seller's identifying information and documentation that the seller lawfully possessed such article.

Water quality; baseline conditions. Requiresthe Department of Environmental Quality to document baseline conditionsof any waters of the Commonwealth that may be affected by any dischargeauthorized by the State Water Control Board.

Regional planning; climate resilience. Requires regional planning commissions to include climate resilience as partof their strategic plans.

Reduction of speed limits; local authority.Expands the current authority of any locality to reduce the speedlimit to less than 25 miles per hour, but not less than 15 milesper hour, on highways within its boundaries that are located in abusiness district or residence district, provided that such reducedspeed limit is indicated by lawfully placed signs, to include highwayswithin the state highway system.

Native plant species; state agencies. Directsthe Secretaries of Natural and Historic Resources, Agriculture andForestry, and Administration to coordinate the development of strategicactions for state agencies to take to prioritize the use of nativeplant species on state properties.

Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

Storage of firearms in residence where minor present; penalty. Requires any person who possesses a firearm in a residence where such person knows or reasonably should know that a minor under 18 years of age is present to store such firearm unloaded in a locked container, compartment, or cabinet, and to store all ammunition in a separate locked container, compartment, or cabinet. The bill requires that the key or combination to such locked containers, compartments, or cabinets be inaccessible to minors. The bill provides that a violation is a Class 1 misdemeanor, and, in a case where there is more than one firearm stored in violation of these provisions, each firearm shall constitute a separate Class 1 misdemeanor. The bill exempts any person in lawful possession of a firearm who exercises immediate control, defined in the bill, and when the firearm is an antique firearm.