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.
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.
Prohibiting inquiry into the immigration statusof defendant; notification of consequences. Provides that nocircuit court, general district court, or juvenile and domestic relationsdistrict court shall, in connection with the prosecution of a criminalviolation of state or local law, inquire into the immigration statusof any defendant unless such inquiry is relevant to the offense forwhich such defendant is being prosecuted. The bill requires thatprior to the start of proceedings, such courts shall advise any defendantthat immigration consequences, including possible detention, incarceration,or deportation connected to an immigration action, are possible ifsuch defendant is convicted of a criminal violation of state or locallaw.
Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent if the exact amount of rent owed is less than or equal to one month's rent plus any late charges contracted for in the rental agreement and as provided by law, to serve upon such tenant a written notice informing the tenant of the exact amount due and owed and offer the tenant a payment plan under which the tenant must pay the exact amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The bill prohibits the landlord from charging any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments in accordance with the terms of the payment plan. The bill also outlines the remedies a landlord has if a tenant fails to pay the exact amount due and owed or enter into a payment plan within five days of receiving notice or if a tenant enters into a payment plan and after such plan becomes effective fails to pay rent when due or fails to make a payment under the terms of the agreed-upon payment plan.
Firearm locking device required for purchase of a firearm; warning against accessibility to children; penalty. Requires any person who purchases a firearm to either (i) obtain or purchase from a licensed dealer a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (ii) complete a certification statement on a form provided by the Department of State Police certifying that a minor is not present in such person's residence for 14 days or more in a calendar month, with exceptions enumerated in the bill. Accordingly, the bill provides that it is unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any firearm to any person, other than a licensed manufacturer, licensed importer, or licensed dealer, unless (a) the firearm is accompanied by a warning, in conspicuous and legible type in capital letters printed on a separate sheet of paper included within the packaging enclosing the firearm, that firearms should be locked and kept away from children and that there may be civil and criminal liability for failing to do so and (b) the transferee (1) obtains or purchases a locking device for such firearm if a minor is present in such person's residence for 14 days or more in a calendar month or (2) completes the certification statement. A violation of either provision is a Class 3 misdemeanor.
Board for Contractors; required regulations and disclosures. Requires the Board for Contractors to adopt regulations requiring all Class A, B, and C residential contractors, excluding subcontractors to the contracting parties and those who engage in routine maintenance or service contracts, to use legible written contracts that include certain terms and conditions. The bill directs the Board to require a statement of protections be provided by the contractor to the homeowner, consumer, or buyer in transactions involving door-to-door solicitations or any residential rooftop solar installation. The bill requires the Department of Professional and Occupational Regulation to review by July 1, 2025, its licensing exam for alternative energy system contracting to ensure such exam includes questions related to the physical installation of alternative energy systems on preexisting structures. The bill also requires the Board for Contractors to create a disclosure form to be provided in any transaction involving a residential rooftop solar installation to include specific disclosures regarding the risks associated with residential rooftop solar installation. Finally, the bill requires the State Corporation Commission to convene a work group of relevant stakeholders to develop recommendations for any additional consumer protections regarding the sale, lease, or installation of a solar energy facility with a generating capacity of 25 kilowatts or less and report the work group's recommendations to certain committees of the General Assembly by November 30, 2024. The bill is identical to SB 313 and has a delayed effective date of July 1, 2025.
Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every 48 hours and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reason or reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours. This bill is identical to SB 719.
Health insurance; coverage for contraceptivedrugs and devices. Requires health insurance carriers to providecoverage, under any health insurance contract, policy, or plan thatincludes coverage for prescription drugs on an outpatient basis,for contraceptive drugs and contraceptive devices, as defined inthe bill, approved for use as prescribed products or for over-the-counteruse. The bill prohibits a health insurance carrier from imposingupon any person receiving contraceptive benefits pursuant to theprovisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. The provisions of the bill applyto health insurance contracts, policies, or plans delivered, issuedfor delivery, or renewed on and after January 1, 2025.
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.
