Del. Rae Cousins

Entitlement to sales tax revenues from certain public facilities; sunset. Extends from July 1, 2024, to July 1, 2028, the period of time during which authorized localities may issue bonds on or after January 1, 2013, for the construction of public facilities and retain sales and use tax revenue generated within such facilities to pay off such bonds.

Wage garnishment; state or local tax debt. Provides that the maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to collect delinquent taxes and charges owed to the state or any local government shall not exceed 25 percent of such individual's disposable earnings for that week. The bill contains technical amendments and applies only to garnishments issued on and after January 1, 2026.

Equity in public school funding and staffing; special education students; at-risk students; English language learner students; report. Requires state-funded add-ons to be provided to support special education students that are calculated by multiplying weights set forth in the general appropriation act by the relevant basic aid per-pupil amount for each such student. The bill establishes the At-Risk Program for the purpose of supporting programs and services for students who are educationally at risk, including prevention, intervention, or remediation activities required pursuant to relevant law, teacher recruitment programs and initiatives, programs for English language learners, the hiring of additional school counselors and other support staff, and other programs relating to increasing the success of disadvantaged students in completing a high school degree and providing opportunities to encourage further education and training. The bill also contains provisions relating to certain funding requirements for the At-Risk Program. The bill requires the Department of Education to develop and implement a data collection process related to English language learner expenditures and student English proficiency levels and identify other options to support English language learners and provide a status report to the Joint Subcommittee on Elementary and Secondary Education Funding on its implementation and data collection efforts by September 1, 2025. Finally, the bill requires the Department of Education, in collaboration with the Department of Behavioral Health and Developmental Services or any other relevant stakeholders with expertise in special education as the Department of Education deems appropriate, to develop a plan for revised special education staffing requirements that addresses the staffing needs of each special education program in each school division as determined by the specific educational and behavioral support needs of students who receive special education and aims to improve special education teacher recruitment and retention and to report its findings to the Joint Subcommittee on Elementary and Secondary Education Funding by November 1, 2025. The bill is a recommendation of the Joint Legislative Audit and Review Commission. This bill incorporates HB 1831.

First-time Homebuyer Grant Program. Establishes a First-time Homebuyer Grant Program for the purpose of assisting first-time homebuyers with first-time homebuyer expenses, as those terms are defined in the bill. The bill provides that the Department of Housing and Community Development shall award eligible first-time homebuyers a grant in an amount equal to five percent of such expenses incurred during a calendar year, not to exceed $10,000. Any grant awarded pursuant to the Program shall be repaid to the Commonwealth if the property for which expenses were incurred is sold within three years from the purchase date, unless the sale is made following a natural disaster or other act of God.

Income tax; housing opportunity tax credit; sunset extended. Extends the housing opportunity tax credit sunset date from taxable year 2025 to taxable year 2030. The bill also increases the aggregate credit cap across all calendar years from $255 million to $595 billion and imposes an annual aggregate credit cap of $68 million in each calendar year between 2026 and 2030. The bill also provides that of the $68 million in credits authorized per calendar year from 2026 through 2030, 33 percent shall be reserved for qualified projects located in a geographic area within the Balance of State Pool, defined in the bill. As introduced, this bill was a recommendation of the Virginia Housing Commission.

Collective bargaining; individual home care providers. Establishes within the Department of Medical Assistance Services the Virginia Home Care Authority to ensure the effectiveness and quality of the services of home care programs in the Commonwealth. The bill authorizes individual providers, as defined in the bill, to select an exclusive bargaining representative and to collectively bargain with the Virginia Home Care Authority regarding matters including wages, benefits, and all terms and conditions of employment that are within the Authority's control. The bill's provisions do not become effective until July 1, 2026, and unless legislation is enacted in the Commonwealth authorizing public employees to engage in collective bargaining.

Film industry community zones; local designation. Allows localities to establish, by ordinance, one or more zones in a film industry community, defined in the bill as a community that has a film industry presence or the potential of a film industry presence within the designated area and where such presence drives, or has the potential to drive, significant economic activity. The bill provides that a locality, or another political subdivision acting on behalf of the locality, may offer unique benefits to film industry businesses, along with related businesses that serve the needs of the film industry, looking to locate within a film industry community zone, including the reduction of certain fees and taxes. In addition, the bill provides that local governing bodies are authorized to enter into agreements for the payment of economic development incentive grants to such businesses. The bill also allows a governing body to provide for certain regulatory flexibility and incentives and provides that the establishment of a film industry community zone does not preclude a filmmaker from participating in the Governor's Motion Picture Opportunity Fund and the motion picture production tax credit.

Collective bargaining by firefighters and emergency medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill establishes the Fire Service Cooperation Board to administer its provisions. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency medical services providers. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on the parties involved. The bill has a delayed effective date of January 1, 2026.

State Board of Local and Regional Jails; oversight of local and regional jails; powers and duties. Increases from 11 to 19 the membership of the State Board of Local and Regional Jails (the Board) by requiring the appointment of (i) two members of the Senate and two members of the House of Delegates and (ii) four additional nonlegislative citizen members, including (a) one representative of a nonprofit organization that provides training or rehabilitation programs for incarcerated inmates; (b) one male citizen and one female citizen who were formerly incarcerated within the Commonwealth; and (c) one person who is a grandparent, parent, child, sibling, or spouse or domestic partner of a person currently incarcerated within the Commonwealth.The bill also adds numerous additional duties for the Board, including to (1) provide information, as appropriate, to inmates, family members, representatives of inmates, and local, regional, and community correctional facility employees and contractors and others regarding the rights of inmates; (2) establish policies for a statewide uniform reporting system to collect and analyze data related to complaints received in or about local, regional, and community correctional facilities; (3) monitor, document, review, and report on the operation of stores and commissaries in local correctional facilities and systems for providing electronic visitation and messaging and telephone calls; and (4) review, monitor, and report and make recommendations on policies related to (A) attorney access to clients for calls and visitation; (B) access to voting for incarcerated individuals who are eligible to vote; and (C) the collection of data on suicides, suicide attempts, and self-harm in custody. The bill also specifies additional information to be included in the Board's currently required annual report to the General Assembly and the Governor and requires such report to be made available to the public online.The bill enumerates certain items for assessment that may be included in the Board's annual inspection of each local correctional facility, as required by current law, and also specifies the Board's authority and right to access such facilities, interview persons, and access certain information and documents. Upon completion of an inspection, the bill requires the Board to produce a report, including information enumerated in the bill, to be made available to the public online and to be delivered to the Governor, the Attorney General, the Senate Committee on Rehabilitation and Social Services, the House Committee on Public Safety, and the sheriff in charge of the local correctional facility or superintendent of the regional correctional facility.Finally, the bill allows the Board to initiate and attempt to resolve an investigation upon its own initiative, or upon receipt of a complaint from an inmate, a family member or representative of an inmate, or a local, regional, or community correctional facility employee or contractor, or others, regarding various concerns as enumerated in the bill. The bill has a delayed effective date of July 1, 2026.

Safeguarding American Veteran Empowerment Act; prohibited practices; penalties. Creates the Safeguarding American Veteran Empowerment Act to regulate the practices of persons seeking to receive compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.