Sen. Lamont Bagby

Uniform Statewide Building Code; bus shelters.Exempts plans and specifications for bus shelters that do not exceed256 square feet that are to be constructed for transit agencies receivingstate money and that will be constructed on state-owned propertyfrom the Department of General Services' review process requiredby the Uniform Statewide Building Code. The bill authorizes the localbuilding official of the locality in which the state-owned propertyis located to conduct the review process within 60 days of the applicant'sinitial submission of the plans and specifications for such bus shelter.

Motor vehicle dealers; sale of franchise. Changesthe deadline for a vehicle manufacturer, factory branch, distributor,or distributor branch to reject the sale or transfer of a dealershipfrom 30 days prior to the effective date of the sale or transferto 60 days from the receipt of notice from the dealer of the proposedsale or transfer and lists requirements for such notice from thedealer. The bill provides that an objection to a sale or transferbased on an applicant's years of motor dealer management experienceis a reasonable objection but removes the right to object based onother applicant qualifications. The bill further provides that a franchisor's consent to a relocation of a business cannot be unreasonably withheld. Finally, the bill entitles dealers and applicants forsale or transfer to damages if a manufacturer, factory branch, distributor,or distributor branch willfully engages in prohibited conduct.

Public service companies; pole attachments;cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, as defined in the bill, provided that such utility may apportion to such provider or system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such provider or system. The bill authorizes the State Corporation Commission to enforce its provisions and requires the Commission to resolve disputes involving pole access within 90 days and concerning certain other matters within 120 days. This bill is identical to HB 800.

Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply to medical debt arising from services provided by programs administered by the Department of Medical Assistance Services.

Short-term rental property; locality's abilityto prohibit use of accessory dwelling unit. Prohibits a locality from barring the use of or requiring that a special exception, specialuse, or conditional use permit be obtained for the use of an accessorydwelling unit for a short-term rental in an area zoned for residentialuse where the primary dwelling unit on the site is occupied by theproperty owner.

Barrier crimes; adult substance abuse and mental health services; exception. Permits the Department of Behavioral Health and Developmental Services, providers of substance abuse or mental health services to adults, and community services boards and behavioral health authorities to hire applicants convicted of certain barrier crimes of misdemeanor assault and battery or involving controlled substances without additional screening or other requirements, provided that such conviction occurred more than five years prior to the application date for employment.

Deferred or installment payment agreements; certain benefits. Provides that in any case in which a defendant owes fines and costs and where such defendant's sole financial resource is a Social Security benefit or Supplemental Security Income, such defendant shall be exempt from making payments until he has another source of income and, if such defendant notifies the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections. The bill also prohibits a Social Security benefit or Supplemental Security Income from being considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of payments, if any. This bill is identical to HB 896.

Law-enforcement training; individuals with autism spectrum disorder. Requires the Department of Criminal Justice Services to establish compulsory minimum and in-service training standards for law-enforcement officers on communicating with individuals with an intellectual disability or a developmental disability, such as autism spectrum disorder, which shall include (i) an overview and behavioral recognition of autism spectrum disorder, (ii) best practices for crisis prevention and de-escalation techniques, (iii) an objective review of any relevant tools and technology available to assist in communication, and (iv) education on law-enforcement agency and community resources for the autism community on future crisis prevention. The bill requires that such training standards be established in consultation with at least one individual with autism spectrum disorder, one family member of an individual with autism spectrum disorder, one specialist who works with individuals with autism spectrum disorder, one representative from the Department of Behavioral Health and Developmental Services, and one representative from a state or local law-enforcement agency. The bill requires the Department to establish such training standards by January 1, 2027, and requires any person employed as a law-enforcement officer prior to July 1, 2024, to complete the compulsory in-service training by July 1, 2028. This bill is identical to HB 1246.

Uniform Statewide Building Code; violations; fines. Increases from $2,500 to $5,000 the minimum amount and from $5,000 to $10,000 the maximum amount that any person, firm, or corporation shall be fined when convicted of a third or subsequent offense of violating the provisions of the Uniform Statewide Building Code committed within 10 years of another such offense after having been at least twice previously convicted of such an offense. The bill also adds penalties for similar violations committed by owners of a blighted multifamily property. This bill is identical to HB 578.

Unemployment compensation; continuation of benefits; repayment of overpayments. Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered "without fault on the part of the individual" are outlined in the bill. The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of the bill shall be incurred by federal administrative grants and the general fund. Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges, unless the erroneous payment was made because the employer failed to respond timely or adequately to a written request by the Commission for information relating to the claim.