Del. Phil Hernandez

Teacher and support staff compensation; at orabove national average. Requires that public school teachersbe compensated at a rate that is at or above the national averageteacher salary. Under current law, compensation at such rate is aspirational.The bill also requires that public school instructional and noninstructionalsupport staff be compensated at a rate that is at or above the nationalaverage salary for such staff. The bill requires state funding tobe provided pursuant to the general appropriation act in a sum sufficientto fund an annual increase for public school teacher and instructionaland noninstructional support staff salaries such that, no later thanthe 2028-2029 school year, such individuals are compensated at arate that is at or above the respective national average salary.

Department of Housing and Community Development;Virginia Residential Landlord and Tenant Act; ManufacturedHome Lot Rental Act; notice of tenant screening criteria. Requireslandlords governed by the Virginia Residential Landlord and TenantAct or Manufactured Home Lot Rental Act to provide applicants for tenancy with (i) the amount and purpose of fees to be charged tosuch applicant, (ii) information that will be used to assess suchapplicant's eligibility for tenancy, and (iii) any criteria that mayresult in automatic denial of an application. The bill requires suchlandlords to notify applicants of certain rights protected by thefederal Fair Credit Reporting Act prior to performing any background,credit, or other pre-occupancy check on such applicants. Finally,the bill requires the Director of the Department of Housing andCommunity Development to develop a sample notice of tenant screening criteria and a standardized statement regarding an applicant's rightsprotected by the federal Fair Credit Reporting Act and to make suchsample notice and statement available on the Department's website.

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 is identical to HB 805.

Railroad safety; civil penalties. Adds various requirements for railroad companies, including (i) prohibiting placing stationary cars or trains on its track within 1,500 feet on bothsides of any crossing of a railroad with a highway; (ii) prohibitingtrains that exceed 8,500 feet in length on any mainline or branchline; (iii) requiring a crew of at least two qualified individualson all trains, locomotives, or light engines used in connection withmoving freight; (iv) requiring warning signs or devices for certaintrack obstructions that could endanger a railroad company employee; and (v) requiring walkways adjacent to yard tracks where employeesregularly perform switching service. The bill requires that finesfor a violation of the train-length requirement be deposited in theShortline Railway Preservation and Development Fund for railway safetyprojects.

Firearm in unattended motor vehicle; civil penalty. Provides that no person shall leave, place, or store a handgun in an unattended motor vehicle, as defined in the bill, when such handgun is visible to any person who is outside such motor vehicle. The bill provides that any person violating such prohibition is subject to a civil penalty of no more than $500 and such unattended motor vehicle may be subject to removal for safekeeping. This bill is identical to SB 447.

Juvenile fines, costs, and fees; traffic infractions; judicial discretion. Provides that any court costs, fines, and fees assessed to a juvenile or his parent or guardian in circuit court and juvenile and domestic relations district court related to prosecutions of traffic infractions are discretionary.

Concealed handgun permits; reciprocity with other states. Provides that the Superintendent of State Police, in consultation with the Office of the Attorney General, shall determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, any out-of-state permit is recognized in the Commonwealth provided that (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day; (ii) the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and such identification upon demand by a law-enforcement officer; and (iii) the permit or license holder has not previously had a Virginia concealed handgun permit revoked. The bill also provides that a Virginia resident who has not been issued a valid resident concealed handgun permit may not use a concealed handgun or concealed weapon permit or license issued by another state to carry a concealed handgun in the Commonwealth. The bill requires the Superintendent of State Police, in consultation with the Office of the Attorney General, to review any agreements for reciprocal recognition that are in place with any other states as of July 1, 2024, to determine whether the requirements and qualifications of those states' laws are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth and revoke any reciprocity agreement or recognition of any states that do not meet such requirements or qualifications by December 1, 2024. The bill requires the Attorney General to provide a written explanation for any determination that a state's laws are adequate to prevent possession of such permit or license by persons who would be denied such permit in the Commonwealth.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 237.

Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General has authority to enforce the provisions of the bill. The bill provides that the Board shall establish no more than 12 upper payment limit amounts annually between January 1, 2025, and January 1, 2028.The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.The bill also requires the nonprofit organization contracted by the Department of Health to provide prescription drug price transparency to provide the Board access to certain data reported by manufacturers. The bill has a delayed effective date of January 1, 2025, and is identical to SB 274.

Weapons; possession or transportation; hospital that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to knowingly possess in or transport into the building of any hospital that provides mental health services or developmental services in the Commonwealth, including an emergency department or other facility rendering emergency medical care, any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill also provides that notice of such prohibitions shall be posted conspicuously at the public entrance of any hospital and no person shall be convicted of the offense if such notice is not posted, unless such person had actual notice of the prohibitions. The bill provides that any such firearm, knife, explosive, or weapon shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and specifies exceptions to the prohibition. This bill is identical to SB 515.