Underage consumption or possession of alcoholic beverage or marijuana or marijuana products; consequences; procedures. Reduces the penalties for underage consumption or possession of alcoholic beverages or marijuana or marijuana products to a written warning for a first violation, a written warning and the provision of informational materials about how to access community services for a second violation, and a write-up and an optional referral for accessing community services for a third or subsequent violation. Under current law, underage consumption, purchase, or possession of alcoholic beverages is punishable as a Class 1 misdemeanor with a period of license suspension and an option for a deferred dismissal in certain circumstances. The current penalties for underage consumption or possession of marijuana or marijuana products is a civil penalty of $25 and an order to enter a substance abuse treatment or education program. The bill also provides that such underage persons are not capable of giving lawful consent to a search and that the unconcealed possession of an alcoholic beverage or marijuana or marijuana products shall not constitute probable cause to initiate a search of a person or that person's personal property to determine any further violations of law. The bill specifies that such underage persons shall not be subject to arrest or otherwise detained or taken into custody by a law-enforcement officer and that a law-enforcement officer's body-worn camera system shall be activated during any encounter involving an underage person suspected to be in violation of such provisions. The bill also puts limits on the dissemination and retention of any law-enforcement records related to violations of such provisions.
Contesting local governing body or board of zoning appeals land use decisions; third-party standing requirements. Creates standing for any person who does not have an ownership interest in the property that is the direct subject of a local governing body or board of zoning appeals action if such person has alleged with particularity and proven by clear and convincing evidence that he (i) has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest; (ii) owns or occupies real property within or in close proximity to the property that is the subject of the land use determination; and (iii) has suffered (a) a particularized harm to a personal or property right, legal or equitable, or (b) an imposition of a burden or obligation different from that suffered by the general public. The bill clarifies that such standing requirements do not apply to any person who has an ownership interest in the property that is the direct subject of the decision of the local governing body or the board of zoning appeals.
Income tax; standard deduction and earned income tax credit. Removes the sunset from and makes permanent the standard deduction amounts of $8,750 for single individuals and $17,500 for married individuals filing jointly. Under current law, the standard deduction is scheduled to revert to $3,000 for single individuals and $6,000 for married individuals filing jointly after taxable year 2026. The bill also removes the sunset from and makes permanent the increase in Virginia's refundable earned income tax credit from 15 percent to 20 percent of the allowable federal earned income tax credit. Under current law, the Virginia refundable earned income tax credit expires in taxable year 2027 and Virginia's nonrefundable earned income tax credit, which has no expiration date, is equal to 20 percent of the federal credit.
Maximum number of judges on the Court of Appeals of Virginia; hearings en banc; summary disposition of certain civil cases. Increases from 17 to 21 the maximum number of authorized judges on the Court of Appeals of Virginia. The bill provides that the Supreme Court of Virginia shall prescribe by rule the number of judges needed for the Court of Appeals to sit en banc, and that such number shall not be fewer than 13 judges. Additionally, the bill permits the Court of Appeals to summarily affirm the decision below in certain civil cases.
Military leaves of absence for employees of the Commonwealth or political subdivisions; law-enforcement officers. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a law-enforcement officer shall receive paid leaves of absence for up to 388 hours for which a leave of absence is required, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty.
A BILL to amend and reenact §§ 2.2-203.3, 2.2-401.01, 2.2-511, 2.2-614.3, 2.2-3705.3, as it is currently effective and as it shall become effective, 2.2-3705.6, 2.2-3705.7, 2.2-3711, as it is currently effective and as it shall become effective, 2.2-3802, 2.2-4002, 2.2-4346, 3.2-102, 3.2-6201, 4.1-100, 4.1-206.3, as it is currently effective and as it shall become effective, 4.1-226, 6.2-603.1, 8.01-216.3, 8.01-534, 11-16.1, 11-16.2, 15.2-912.2, 15.2-2825, 18.2-513, 19.2-66, 19.2-215.1, 19.2-389, as it is currently effective and as it shall become effective, 19.2-390, 22.1-140.1, 37.2-304, 37.2-314.2, 52-53, 52-54, 58.1-3, 58.1-439, 58.1-460, 58.1-3510, 58.1-3732.1, and 59.1-542.1 of the Code of Virginia; to amend the Code of Virginia by adding a title numbered 29.5, containing a subtitle numbered I, consisting of chapters numbered 1 through 6, containing sections numbered 29.5-100 through 29.5-650, a subtitle numbered II, consisting of chapters numbered 7 and 8, containing sections numbered 29.5-700 through 29.5-814, and a subtitle numbered III, consisting of a chapter numbered 9, containing sections numbered 29.5-900 through 29.5-913; and to repeal §§ 2.2-2455 and 2.2-2456, Article 1 (§§ 18.2-325 through 18.2-340) of Chapter 8 of Title 18.2, Article 1.1:1 (§§ 18.2-340.15 through 18.2-340.37) of Chapter 8 of Title 18.2, Chapter 40 (§§ 58.1-4000 through 58.1-4048) of Title 58.1, Chapter 41 (§§ 58.1-4100 through 58.1-4141) of Title 58.1, Chapter 29 (§§ 59.1-364 through 59.1-405) of Title 59.1, Chapter 29.1 (§ 59.1-405.1) of Title 59.1, and Chapter 51 (§§ 59.1-556 through 59.1-570) of Title 59.1 of the Code of Virginia, relating to Virginia Gaming Commission established; penalties.
Electric utilities; licensed suppliers of electric energy; aggregate demands; total retail load limit. Amends provisions that permit two or more individual nonresidential retail customers of electric energy to petition the State Corporation Commission (the Commission) to aggregate their electric demands for the purpose of purchasing electric energy from a licensed supplier. Under the bill, the five megawatt participation threshold is based on noncoincident peak demand in calendar year 2024 and any year thereafter. Under the bill, such customers are not required to petition the Commission for approval to aggregate their demands, but are required to notify the Commission and incumbent electric utility in writing that they have met the requirements for doing so. The bill makes it voluntary rather than mandatory for the Commission to impose certain periodic monitoring and reporting obligations for such customers to demonstrate continued compliance with the aggregate demand limitations.
Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.
Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act established. Establishes the Fostering Access, Innovation, and Responsibility in Artificial Intelligence Act (FAIR AI Act) that requires a developer of a base artificial intelligence model, as defined in the bill, to clearly and conspicuously disclose, in a manner that is appropriate for the medium of the content and is easily accessible to the user of such model, in the terms of service governing the use of such model, certain elements related to the artificial intelligence system. The bill creates the FAIR AI Enforcement Fund for the purpose of supporting agency enforcement of artificial intelligence system misuse, bias, and workforce disruption. Finally, the bill limits the defenses available in any criminal or civil action against a defendant that is alleged to have developed, modified, or deployed an artificial intelligence system that caused harm to a plaintiff. The bill has a delayed effective date of July 1, 2027.
Department of Medical Assistance Services; Medicaid estate recoveries. Directs the Department of Medical Assistance Services (the Department) to limit the operation of its estate recovery program to the recovery of only federally required costs. The bill directs the Department to make information on estate recovery available on its website in multiple languages. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.
Individual income tax; child tax credit. Creates a refundable individual income tax credit in taxable years 2027 through 2031 in an amount equal to that allowed for the corresponding federal child tax credit. Only one credit may be claimed for each qualifying child, as defined in the bill.
School board chairmen and vice-chairmen; additional annual salary; amount. Permits any school board to pay (i) the chairman of the school board an additional annual salary not exceeding 30 percent of the base annual salary or $3,500, whichever is greater, and (ii) the vice-chairman of the school board an additional annual salary not exceeding 15 percent of the base annual salary or $1,750, whichever is greater. Current law caps school board chairmen's additional annual salary at $2,000 and is silent on additional annual salary amounts for school board vice-chairmen.
