Sen. Jennifer Boysko

State correctional facilities; telephone calls and communication services. Requires the Department of Corrections to provide telephone systems and web-based or electronic communications systems free of charge to any person, whether such person is initiating or receiving the communication. The bill also requires that a minimum ratio of one telephone per every 10 inmates be available within each housing unit at each correctional facility and that the maximum number of telephone numbers permitted on an approved call list must be no fewer than 20.

A BILL to amend and reenact §§ 8.01-401.2, 22.1-271.7, 32.1-134.2, 32.1-263, 32.1-282, 54.1-2900, 54.1-2901, 54.1-2910.5, 54.1-2927, 54.1-2957.9, 54.1-2972, 54.1-2973.1, 54.1-3000, 54.1-3005, 54.1-3300, 54.1-3300.1, 54.1-3301, 54.1-3303, 54.1-3401, 54.1-3408, 54.1-3482, 54.1-3482.1, and 63.2-2203 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 30 of Title 54.1 articles numbered 8 and 9, consisting of sections numbered 54.1-3044 through 54.1-3051; and to repeal §§ 54.1-2957 through 54.1-2957.04 of the Code of Virginia, relating to Board of Medicine; Board of Nursing; joint licensing of advanced practice registered nurses and licensed certified midwives. 24104734D

Vehicle exhaust systems; inspection and administrative fee. Prohibits passenger vehicle exhaust systems from emitting noise in excess of 95 decibels in Planning District 8 on a highway; any driveway or premises of a church, school, recreational facility, or business; any governmental property open to the public; any industrial establishment providing parking space for customers, patrons, or employees; and any highway under construction or not yet open to the public. The bill allows, in Planning District 8, a law-enforcement officer to stop a passenger vehicle he determines is emitting exhaust system noise in excess of such limit and issue a notice of an administrative fee of $250 to be assessed at the time of the vehicle's next registration renewal and establishes a process for inspecting such vehicle. The bill has a contingent effective date of January 1, 2025, provided that the Department of Environmental Quality has received the necessary funding to supply the necessary equipment for such vehicle exhaust system inspections to inspection stations. The bill sunsets on July 1, 2027.

Companion Animal Surgical Sterilization Program and Fund established. Establishes the Companion Animal Surgical Sterilization Program and Fund to reimburse participating veterinarians for the surgical sterilizations they perform on eligible cats or dogs. The bill provides that a surcharge of $50 per ton of pet food distributed in the Commonwealth be deposited in the Fund and such pet food be exempted from the existing litter tax. An animal will be eligible for sterilization under the Program if it is a feral or free-roaming cat or is owned by a low-income individual or a releasing agency such as an animal shelter.

Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Corporate income tax; distribution of revenues; state parks. Requires five percent beginning July 1, 2024, of all corporate income tax revenues to be distributed to the State Park Conservation Resources Fund to provide (i) free entry to Virginia state parks and (ii) the conservation, development, maintenance, and operations of state parks acquired or held by the Department of Conservation and Recreation as provided in the appropriation act. The bill provides that such distribution shall not reduce the total amount of annual appropriations for the Department and the Fund below the total amounts appropriated for the most recent fiscal year ending before July 1, 2024, except as provided by a subsequent appropriation act.

Grounds for divorce; cruelty, abuse, desertion, or abandonment; waiting period. Eliminates the one-year waiting period for a divorce to be decreed on the grounds of cruelty, reasonable apprehension of bodily hurt, or willful desertion or abandonment.

Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2024 through 2028 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $100,000 for an individual or $200,000 for married persons.

Virginia Abortion Care and Gender-Affirming Health Care Protection Act; reproductive and gender-affirming health care services; prohibitions on extradition for certain crimes; civil penalties. Establishes the Virginia Abortion Care and Gender-Affirming Health Care Protection Act. The bill provides that it is the policy of the Commonwealth that all persons are entitled to provide, receive, and help others provide or receive abortion care and gender-affirming health care services not prohibited under the laws of the Commonwealth, and that such provision, receipt, and assistance is not diminished, chilled, or infringed by public or private actors. The bill provides that no law-enforcement officer acting in the Commonwealth or employed by the Commonwealth or any of its localities or political subdivisions may investigate, arrest, or detain any person, seek the issuance of a warrant, or otherwise assist in or provide support for any investigation regarding either the provision or receipt of abortion care or gender-affirming care not prohibited under the laws of the Commonwealth or any person's menstrual health data. The bill creates a private right of action for any person who is aggrieved by such unlawful investigation to obtain an injunction or other equitable relief against such law-enforcement officer. The bill also creates a private right of action for any person who sustains any injury, damages, or other harm resulting from another person who, under the law of a jurisdiction other than the Commonwealth, engages or attempts to engage in abusive litigation, as defined in the bill. The bill also 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 of or assistance with protected health care activity, as defined in the bill, within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. The bill provides that any subpoena under the Uniform Interstate Depositions and Discovery Act or any summons for a witness for another state in a criminal case shall include an attestation, made under penalty of perjury, stating whether the subpoena or summons seeks documents, information, or testimony related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care activity, as defined in the bill.

Building service employees; public contracting. Permits any county, city, or town in the Commonwealth to provide for certain requirements concerning incumbent and successor building service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor building service employers retain incumbent employees during a transition period of 90 days. Under the bill, building service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that a building service employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages.