Sen. Elizabeth Bennett-Parker

Public institutions of higher education; release of student transcripts. Requires each public institution of higher education to release an academic transcript directly to the employer or prospective employer of a student currently or formerly enrolled at such institution upon the request of the student. The bill also prohibits any public institution of higher education from conditioning the release of an academic transcript to a student currently or formerly enrolled at such institution on the payment of an outstanding debt if (i) such outstanding debt is less than $500, (ii) such outstanding debt is less than $1,000 and such currently or formerly enrolled student received a Federal Pell Grant at any time during his enrollment, or (iii) such currently or formerly enrolled student has enrolled in a repayment plan and has made at least three consecutive monthly payments on such outstanding debt.

Towing companies; local authority. Clarifies that the provisions of existing law authorizing localities in Planning District 8 to require towing companies that tow from the county, city, or town to a storage or release location outside of the locality to obtain a permit to do so do not restrict or modify the authority of the locality to require that towing companies that tow and store or release vehicles within the county, city, or town to obtain from the locality a permit to do so.

Unlawful dissemination or sale of images ofanother; penalty. Increases the penalty for the offense of unlawful dissemination or sale of the image of another from a Class 1 misdemeanorto a Class 4 felony. The bill removes the requirement that a personmust have the intent to coerce, harass, or intimidate another personto be guilty of such unlawful dissemination or sale. The bill alsoexpands the current categories of images that are unlawful to disseminateor sell to include any videographic or still image that depicts another person who is in a state of undress so as not to expose the genitals,pubic area, buttocks, or female breast but such videographic or stillimage is sexual or sensual in nature. Finally,the bill extends from five years to 10 years the statute of limitations for the offense of unlawful creation of the image of another. Thebill also creates a 10-year statute of limitations for the offenseof unlawful dissemination or sale of the image of another. The billstarts the statute of limitations for both offenses at the time thevictim discovers the offense has occurred. Current law starts thestatute of limitations for the offense of unlawful creation of theimage of another upon the commission of the offense.

Research and development expenses tax credits. Creates a step-rate reimbursement structure for the major research and development expenses tax credit in an amount equal to (i) 10 percent, up to the first $1 million, of the difference between (a) Virginia qualified research and development expenses paid or incurred by the taxpayer during the taxable year and (b) 50 percent of the average Virginia qualified research and development expenses paid or incurred by the taxpayer for the three taxable years immediately preceding the taxable year for which the credit is being determined and (ii) five percent of such difference in excess of $1 million. Beginning in taxable year 2023, the bill also (a) imposes an annual per taxpayer major research and development expenses tax credit cap of $300,000, except that such cap increases to $400,000 if the Virginia qualified research was conducted in conjunction with a public or private institution of higher education in the Commonwealth, (b) reduces from $24 million to $16 million the aggregate cap on the major research and development expenses tax credit granted for each fiscal year, and (c) increases from $7.77 million to $15.77 million the aggregate cap on the research and development expenses tax credit granted for each fiscal year beginning in taxable year 2023.

State Department of Social Services; Home Energy Assistance Program. Authorizes the State Department of Social Services to allow applications for the Home Energy Assistance Program to be submitted over an application period that provides adequate time for individuals to apply and is extended beyond the current application period subject to the availability of adequate funding.

Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to SB 356.

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.

Student-athletes; use of name, image, or likeness;high school students; Office of the Student-Athlete Name, Image, and Likeness Contract Ombudsman established. Establishes rights, duties, and prohibitions relating to the use of the name, image,or likeness of high school student-athletes that are equivalent tothose established in law for college student-athletes. The bill alsorequires the State Council of Higher Education for Virginia to establishand employ such individuals as it deems appropriate in the Officeof the Student-Athlete Name, Image, and Likeness Contract Ombudsman,the purpose of which is to provide information, resources, and disputeresolution services to high school and college student-athletes relatingto name, image, and likeness contracts and the rights, duties, andprohibitions relating to the use of the name, image, or likenessof such student-athletes that are set forth in relevant law.

Prescription drugs; labels; blind and disabledusers. Requires pharmacies to notify any person receiving a prescription drug that an accessible prescription label is availableupon request at no cost and to provide to individuals who are blind,visually impaired, or otherwise print disabled accessible prescriptionlabels that meet specified accessibility requirements. The bill requiresthe Board of Pharmacy to promulgate regulations implementing theprovisions of the bill no later than April 1, 2025.

Veterans' Services Protection Act; prohibited practices; penalty. Creates the Veterans' Services Protection Act to prohibit any person from receiving compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill, except as permitted under federal law. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.