Rate of fees; legal representation of indigent defendant. Limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024.
School board policies; parental notification; safe storage of firearms in the household. Requires each local school board to develop and implement a policy to require the annual notification of the parent of each student enrolled in the local school division, to be sent by email and, if applicable, SMS text message within 30 calendar days succeeding the first day of each school year, of the parent's legal responsibility to safely store any firearm present in the household, risks associated with improperly stored firearms, statistics relating to firearm-related accidents, injuries, and death among youth, and other tips and strategies. The bill requires each school board to make such parental notification available in multiple languages on its website. This bill is identical to SB 225.
Child abuse and neglect; custody and visitation; possession or consumption of authorized substances. Provides that a child shall not be considered an abused or neglected child, and no person shall be denied custody or visitation of a child, based only on the fact that the child's parent or other person responsible for his care, or the person petitioning for custody or visitation of the child, possessed or consumed legally authorized substances. The bill directs the Board of Social Services to amend its regulations, guidance documents, and other instructional materials to ensure that such regulations, documents, and materials comply with, and that investigations and family assessments are conducted by local departments of social services in accordance with, the provisions of the bill. This bill is identical to SB 115.
Employment; determining wage of tipped employee.Provides that an employer shall increase the amount paid to itstipped employees by an amount determined by the employer in accordancewith the federal Fair Labor Standards Act and that, notwithstandingany other provision of law, a tipped employee who regularly performsservices in the course of his employment for which there is no reasonableexpectation of receiving tips shall receive an amount not less thanthe minimum wage for the time that he performs such services. Thebill provides that tipped employees shall receive a cash wage ofnot less than $3.50 per hour starting on January 1, 2025. Startingon January 1, 2026, a tipped employee shall receive a cash wage ofnot less than $4.75 per hour, and starting on January 1, 2027, theamount of cash wage shall be not less than $6.00 per hour. StartingJanuary 1, 2028, tips shall be excluded from any determination ofwage paid to a tipped employee and the amount paid to such employeeshall be not less than the minimum wage.
Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms prohibited; penalties. Creates a Class 5 felony for any person who knowingly manufactures or assembles, imports, purchases, sells, transfers, or possesses any firearm that, after removal of all parts other than a major component, as defined in the bill, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening. The bill updates language regarding the types of detection devices that are used at such locations for detecting plastic firearms. Under current law, it is unlawful to manufacture, import, sell, transfer, or possess any plastic firearm and a violation is punishable as a Class 5 felony. The bill also creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number or to knowingly import, purchase, sell, offer for sale, or transfer ownership of any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver (i) is deemed to be a firearm pursuant to federal law and (ii) is imprinted with a valid serial number. The bill creates a Class 1 misdemeanor, which is punishable as a Class 4 felony for a second or subsequent offense, making it unlawful for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number. The portions of the bill prohibiting unfinished frames or receivers and unserialized firearms have a delayed effective date of January 1, 2025; however, the portions of the bill prohibiting the knowing possession of a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number have a delayed effective date of July 1, 2025. This bill is identical to SB 100.
Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. The bill removes the requirement that such a tax must have an expiration date on either (i) the date of the repayment of any bonds or loans used for such capital projects or (ii) a date chosen by the governing body. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax. This bill incorporates HB 60, HB 193, HB 458, HB 600, HB 616, HB 1159, and HB 1437 and is identical to SB 14.
Unlawful detainer; bifurcation of case; contested rent and damages. Provides that, at an initial hearing on an unlawful detainer, if the defendant contests the amount of rent and damages alleged to be due and owing to the plaintiff, the court shall not bifurcate the unlawful detainer case. Under current law, at the initial hearing, upon request of the plaintiff, the court is required to bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages.
Public schools; mental health awareness trainingand instruction; requirements. Requires the health educationprogram required for each public school to include, at such gradelevels as the Board of Education deems appropriate, an age-appropriateprogram of instruction on suicide prevention and awareness, consistentwith curriculum guidelines developed by the Board and approved bythe State Board of Health, that includes instruction on the importanceof safe and healthy choices in relation to mental health wellness,healthy coping strategies, and strategies and resources for seekinghelp when a student is or knows someone who is experiencing thoughtsor ideations of suicide or self-harm. The bill requires the Boardto develop and the State Board of Health to approve curriculum guidelinesfor such program of instruction on suicide prevention and awareness.The bill also requires each teacher and other relevant personnel,as determined by the applicable school board, employed on a full-timebasis to complete mental health awareness training that addressesthe needs of youth populations that are at a high risk of experiencingmental health challenges and disorders. Current law requires suchteachers and personnel to complete mental health awareness trainingbut does not contain any requirements relating to the specific topicssuch training must address.
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.
