Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate must consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, coworkers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; or (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury or whether evidence of recent acquisition of a firearm or ammunition by the person who is subject to the order is provided by the respondent. The bill also outlines various other factors that a judge or magistrate may consider for the purpose of issuing an emergency substantial risk order or a substantial risk order. The bill also provides that possession includes actual access or the potential to readily access a firearm for the purposes of finding if a person possesses a firearm or if such firearm shall be voluntarily relinquished.
Sponsored bills
Virginia Residential Landlord and Tenant Act;Manufactured Home Lot Rental Act; retaliatory conduct prohibited.Adds numerous actions to the list of prohibited retaliatory actionsby a landlord against a tenant under the Virginia Residential Landlordand Tenant Act and Manufactured Home Lot Rental Act and specifiesactions by a tenant for which a landlord may not retaliate. The billmodifies and expands the list of actions a landlord may take withoutviolating the prohibition on retaliation. The bill allows a tenant,when the landlord has unlawfully retaliated, to recover actual damages,court costs, and reasonable attorney fees and to assert retaliationas a defense in any action brought against him for possession.
Civil actions filed on behalf of multiple persons;award of damages in action for employer retaliation. Providesthat on a motion of any party, a circuit court may enter an ordercertifying a class or joining, coordinating, consolidating, or transferringcivil actions upon finding that separate civil actions brought bya plaintiff on behalf of multiple similarly situated persons involvecommon questions of law or fact and arise out of the same transactionor occurrence. Currently, the circuit court may enter such orderfor such separate civil actions if such actions are brought by sixor more plaintiffs. The bill alsoprovides that in a civil action for retaliation of an employer againstan employee, the court or jury may order the reinstatement of theemployee to a similar or equivalent position and compensation forlost wages, benefits, and remuneration, as well as reasonable attorneyfees and costs, and may award treble damages upon a finding thatsuch act of retaliation by an employer against an employee was willful. The bill directs the Supreme Court of Virginiato promulgate rules no later than November 1, 2024, governing the certification of a class or the joining, coordinating, consolidating,or transferring of civil actions filed on behalf of multiple persons.The bill has a delayed effective date of January 1, 2025.
Prohibiting employer seeking wage or salaryhistory of prospective employees; wage or salary range transparency;cause of action; civil penalty. Prohibits a prospective employerfrom (i) seeking the wage or salary history of a prospective employee;(ii) relying on the wage or salary history of a prospective employeein determining the wages or salary the prospective employee is tobe paid upon hire; (iii) relying on the wage or salary history ofa prospective employee in considering the prospective employee foremployment; (iv) refusing to interview, hire, employ, or promotea prospective employee or otherwise retaliating against a prospectiveemployee for not providing wage or salary history; and (v) failingor refusing to disclose in each public and internal posting for eachjob, promotion, transfer, or other employment opportunity the wage,salary, or wage or salary range. The bill establishes a cause ofaction for an aggrieved prospective employee or employee and providesthat an employer that violates such prohibitions is liable to theaggrieved prospective employee or employee for statutory damagesbetween $1,000 and $10,000 or actual damages, whichever is greater,reasonable attorney fees and costs, and any other legal and equitablerelief as may be appropriate. The bill also provides for civil penaltiesfor violations not to exceed $1,000 for a first violation, $2,000for a second violation, and $4,000 for a third or subsequent violation.
Reproductive health care services; prohibitions on extradition for certain crimes. Provides that no demand for extradition of a person charged with a criminal violation of law of another state shall be recognized by the Governor if such alleged violation involves the receipt or provision of or assistance with reproductive health care services within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. The bill also provides that such limit on extradition shall not apply when the person who is subject to such demand for extradition by another state was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state.
Virginia Clean Energy Innovation Bank; established; report. Creates the Virginia Clean Energy Innovation Bank to finance clean energy projects, greenhouse gas emissions reduction projects, and other qualified projects through the strategic deployment of public funds in the form of grants, loans, credit enhancements, and other financing mechanisms. The Bank is governed by a 12-member Board of Directors, consisting of nine nonlegislative citizen members and three ex officio members with voting privileges, who include the Director of the Department of Energy, the Chief Executive Officer of the Virginia Economic Development Partnership Authority, and the State Treasurer or their designees. The bill provides that the nonlegislative citizen members are to be appointed as follows: four members by the Senate Committee on Rules, four members by the Speaker of the House of Delegates, and one member by the Governor, each of whom are required to have expertise in real estate, finance, or project development or legal expertise in zero-emission or low-emission energy generation, infrastructure, transportation, agriculture, storm water management, or housing. The bill contains provisions for (i) the appointment of a president and the hiring of staff, (ii) the powers and duties of the Bank, (iii) lending practices, (iv) a strategic plan, (v) an investment strategy, (vi) public outreach requirements, (vii) audits, (viii) exemptions from taxes and from personnel and procurement procedures, and (ix) reporting requirements.
Board for Contractors; required regulations and disclosures. 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 HB 576 and has a delayed effective date of July 1, 2025.
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.
Virginia Freedom of Information Act; exclusionsfrom mandatory disclosure; purchase card statement. Clarifiesthat the name of a public employee, officer, or official as it appearson a purchase card statement or other payment record and the descriptionof individual purchases are not exempt from disclosure by the StateComptroller.
Optometrists; expert witness testimony. Allows an optometrist to testify as an expert witness in a court of law on certain matters within the scope of his practice. This bill is identical to SB 254.