Del. Kelly Fowler

Income tax subtraction; veteran retirement compensation. Provides an individual income tax subtraction for certain amountsof the annual retirement compensation received by a veteran who isat least 65 years old for service as a member of the United StatesArmed Forces. The subtraction is equal to up to $10,000 in annualretirement compensation for taxable year 2022, up to $20,000 in taxableyear 2023, up to $30,000 in taxable year 2024, and up to $40,000for taxable year 2025 and thereafter.

Public institutions of higher education; in-statetuition; children of active duty service members or veterans.Provides that any child of an active duty service member or veteran who claims Virginia as his home state and filed Virginia tax returnsfor at least two years during active duty service is eligible forin-state tuition charges, regardless of domicile. Under current law,any such child is eligible for in-state tuition charges if such servicemember or veteran claims Virginia as his home state and filed Virginiatax returns for at least 10 years during active duty service.

Workers' compensation; injuries caused by repetitiveand sustained physical stressors. Provides that, for the purposesof the Virginia Workers' Compensation Act, "occupational disease"includes injuries from conditions resulting from repetitive and sustainedphysical stressors, including repetitive and sustained motions, exertions,posture stress, contact stresses, vibration, or noise. The bill providesthat such injuries are covered under the Act. Such coverage doesnot require that the injuries occurred over a particular time periodunder the bill, provided that such a period can be reasonably identified.

Licensed school board employees; cultural competency training; bullying of Asian American and Pacific Islander students.Requires the Board of Education's guidance on cultural competencytraining for licensed school board employees to include a model curriculumfor cultural competency training relating to the bullying of AsianAmerican and Pacific Islander students and requires such model curriculumto be incorporated into the biennial cultural competency trainingrequired for licensed school board employees.

Burial fees for military spouses. Providesthat, from such funds as may be appropriated, the Commonwealth shallpay the burial fees for any spouse or surviving spouse of an activeduty member or veteran of the United States Armed Forces buried ata veterans cemetery operated by the Department of Veterans Services.

Property Owners' Association Act; statementof lot owner rights. Provides that, pursuant to the PropertyOwners' Association Act, every lot owner who is a member in goodstanding of a property owners' association shall have (i) the equalright to present use and enjoyment of the property, (ii) the rightto serve on the board of directors and to carry out one's specificduties with the same rights and privileges as other board members,and (iii) the right to have notice of any pending or probable litigationinvolving the association.

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.

State plan for medical assistance services;violence interruption services. Directs the Board of MedicalAssistance Services to amend the state plan for medical assistanceservices to include a provision for the payment of medical assistancefor violence interruption services for an individual who receivesmedical treatment for an injury sustained as a result of communityor interpersonal violence and who is determined by a health careprovider to be at risk of retaliation related to such community orinterpersonal violence or future injury as a result of communityor interpersonal violence.

Prohibiting loitering; curfew for minors; agerestrictions on trick-or-treating. Prohibits localities fromimposing age restrictions on trick-or-treating that exceed currentloitering and curfew provisions.

Property Owners' Association Act; use of electronicmeans for meetings and voting. Provides that reasonable accommodationsshall be made to allow a member of the board of directors of a propertyowners' association to attend a meeting by telephone or video conferenceif such member is incapable or otherwise unable to be physicallypresent at such meeting and that such member shall be deemed presentfor quorum and voting purposes. The bill also requires any guidelinesadopted by the board of directors of an association for the use ofelectronic means for meetings to be applied equally to all boardmembers and lot owners.