Workers' compensation; notice of right to disputeclaim. Requires that when an employee's workers' compensationclaim is denied, an employer or insurer shall include in its letterdenying benefits a notice that the employee has a right to disputethe claim denial through the Virginia Workers' Compensation Commission.
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Search warrants, subpoenas, court orders, or other process; menstrual health data prohibited. Prohibits the issuance of a search warrant, subpoena, court order, or other process for the purpose of the search and seizure or production of menstrual health data, as defined in the bill, including data stored on a computer, computer network, or other device containing electronic or digital information. This bill is identical to HB 78.
Funeral services; transportation protectionagreements. Defines "transportation protection agreement" asan agreement that provides for the coordination and arranging of all professional services related to transportation of human remainsor cremated remains beyond the distance stated in the preneed funeralcontract. The bill clarifies that transportation protection agreementsare not considered preneed funeral contracts.
Vested rights; building permits. Provides that if a locality has issued a building permit, despite nonconformance with the zoning ordinance, and a property owner, relying in good faith on the issuance of the building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code, the locality shall not treat such building as an illegal use but rather as a legal nonconforming use. Current law requires that such project be completed and a certificate of occupancy issued in order to receive such protection.
Resale Disclosure Act; delivery of resale certificate; remedies. Provides that failure to deliver a resale certificate within 14 days, as required by the Resale Disclosure Act, deems the resale certificate unavailable. The bill grants a purchaser three days from the date of ratification of the contract or the date of receipt of the resale certificate or notice that such certificate is unavailable, as applicable, to cancel the contract. Additionally, the bill (i) excludes from the resale certificate requirements of the Act an initial disposition of a lot to a person who is not acquiring the lot for his own residence and (ii) allows a resale certificate to be delivered to a purchaser's authorized agent. Current law excludes the resale certificate requirements of the Act for any initial disposition, regardless of its intended use, and only allows a resale certificate to be delivered to a purchaser. Finally, the bill mandates the seller to be responsible for all fees associated with the preparation and delivery of the financial update. However, the settlement agent or other requesting party may pay such fees up front, regardless of whether such requesting party requests to be reimbursed for such fees from the seller.
Historic rehabilitation tax credit; increase.Increases from $5 million to $10 million, beginning in taxable year2024, the maximum amount of the historic rehabilitation tax credit,including amounts carried over from prior taxable years, that maybe claimed by a taxpayer in any taxable year. In addition, shouldthe taxpayer incur expenses toward the rehabilitation of a certifiedhistoric structure in a locality that has a designated enterprise zone, as defined in relevant law, the taxpayer may claim up to anadditional $10 million in any taxable year.
All-terrain vehicles and off-road motorcycles; seizure, impounding, and disposition. Authorizes the governing body of any city to provide by ordinance for the lawful seizure, impounding, and disposition of an illegally operated all-terrain vehicle or off-road motorcycle operated on a highway or sidewalk within such city. This bill is identical to HB 234.
Preneed funeral contracts; declinable preneedfuneral guarantee fee. Defines "declinable preneed funeral guaranteefee" as an optional and declinable fee agreed to by a preneed funeralcontract purchaser, if offered by a seller, for which the cost ofthe supplies and services as described in the preneed funeral contractare guaranteed. The bill describes certain requirements that mustbe met for funeral service licensees to offer declinable preneedfuneral guarantee fees. The bill directs the Board of Funeral Directorsand Embalmers to adopt emergency regulations to implement the provisionsof the bill.
Board of Education; child day programs; licensureand use of office buildings. Directs the Board of Education toamend its regulations to permit any child day program to operatein an office building, defined as any building containing more thantwo rental units that are rented primarily for retail, commercial,or professional use, provided such office building satisfies thelegal and regulatory requirements for licensure as a child day program.
Department of Medical Assistances Services; financial eligibility standards for certain waivers providing services to individuals with developmental disabilities. Directs the Department of Medical Assistance Services (the Department) to amend the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). The bill requires the Department, when determining financial eligibility for the DD Waivers, to disregard any Social Security Disability Insurance income above the maximum monthly Supplemental Security Income as determined by the U.S. Social Security Administration; however, such Social Security Disability Insurance income shall not be disregarded for purposes of determining an individual's patient pay obligation. The bill provides that the aforementioned provisions shall not become effective unless reenacted by the 2025 session of the General Assembly. The bill also requires the Department to (i) analyze the implications of such amendments to the financial eligibility standards for individuals under the DD waivers, which shall include a determination of the costs and the number of individuals who would benefit from such amendments and (ii) report its findings to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health and Human Services and Appropriations no later than November 1, 2024.