Virginia Lottery; casinos; internet gaming authorized; penalties. Authorizes internet gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill permits the Board to issue an internet gaming operator license to a casino gaming operator that submits an application on forms approved by the Board, meets certain qualifications, and pays an initial licensing fee of $500,000. The tax rate is set at 20 percent of an internet gaming operator's adjusted gross internet gaming revenue with three percent allocated to the Gaming Regulatory Fund, two percent allocated to the Problem Gambling Treatment and Support Fund, and 95 percent allocated to the Modern Public Education Fund.
Autism Advisory Council repealed; Autism Advisory Board established. Establishes the Autism Advisory Board (the Board) as an advisory board in the executive branch of state government with the purpose of advising the Governor, cabinet members, and the General Assembly on strategies to promote coordination of services and resources among agencies involved in the delivery of services to Virginians with autism spectrum disorders and to increase public awareness of such services and resources. The bill describes the membership, powers, and duties of the Board. The bill also repeals the Autism Advisory Council, currently set to expire on July 1, 2027.
Charitable gaming; poker tournaments and events. Defines poker event for the purposes of charitable gaming to mean a Texas Hold'em poker game or Texas Hold'em poker tournament in which (i) a schedule of fixed and variable fees for entry into the poker event and the number of chips received for such fees is established and posted; (ii) chips with cash value are permitted to be used; (iii) games and tournaments may be run concurrently; (iv) no limit applies to how many poker events occur during the time listed on the permit for such poker event; and (v) a seating fee may be charged at a rate of up to $8 up to once every 30 minutes. The bill removes from the definition of Texas Hold'em poker tournament the requirement that running out of poker chips eliminates an individual from the competition and raises the participation age of poker events from 18 to 21 years of age. The bill prohibits unlimited rebuys after the first two hours of tournament play or until the first break with one add-on permitted at the end of the rebuy period. The bill requires any qualified organization that conducts any poker event to use at least 20 percent of its poker adjusted gross receipts, defined in the bill, from the conduct of Texas Hold'em poker tournaments for (a) those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized or (b) those expenses related to the acquisition, construction, maintenance, or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes. The bill also outlines certain specifics related to the conduct of poker events, including remuneration to operators and tips or gratuities paid to dealers and employees of such operators. Finally, the bill prohibits any qualified organization from permitting a Texas Hold’em poker game that is not a Texas Hold’em poker tournament to be conducted outside of its social quarters or from permitting participation in such game by any person who is not a bona fide member of the organization.
Autism Advisory Council; name change; membership; staffing; powers and duties. Provides for the Autism Advisory Council to be reconstituted as a permanent, independently staffed agency in the legislative branch of state government. Currently, the Autism Advisory Council is set to expire on July 1, 2027. The bill repeals the expiration date and renames the agency as the Autism Commission. The bill also modifies the membership of the Commission to more closely align with the membership makeup of other independently staffed legislative agencies and directs the Commission to appoint and employ an executive director and other staff to assist in carrying out the duties of the Commission.
Protection of employees; retaliatory action against employee prohibited. Prohibits an employer from taking certain retaliatory actions against an employee because the employee or a person acting on the employee's behalf reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, officer, or other employee, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation. The bill prohibits an employer from (i) taking any action or including any policy in an employee handbook, employment contract, or separation agreement that impedes an employee from disclosing possible or actual illegal activity to the public, a governmental body, or his employer or (ii) taking any disciplinary action in retaliation against an employee for reporting to the public, a governmental body, or his employer any possible or actual violation of any federal or state law or regulation. This bill incorporates HB 722 and HB 1216.
Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.
Qualifying localities; underground electric distribution and transmission improvements; levy on utility customers by ordinance. Authorizes a qualifying locality, defined in the bill, to enter into an agreement with an electric utility to place new or proposed underground electric distribution or transmission lines and facilities or to relocate or convert existing overhead electric distribution or transmission lines and facilities underground. The bill requires any such agreement to provide that the locality pay to the utility its full additional costs of placing new or proposed electric distribution or transmission lines in the qualifying locality or relocating and converting that portion of a line located in the county underground rather than overhead, minus the net of relocation credits.The bill also provides that the qualifying locality may impose an additional levy on electric utility customers, which (i) shall not exceed $1 per month on residential customers; (ii) shall not exceed $10 per month on nonresidential customers; (iii) may be fixed at any amount on nonresidential customers that are major commercial energy consumers, defined in the bill; and (iv) shall be collected by the utility on behalf of the locality.
Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.
Property under common ownership; creation of easements. Provides that a private appurtenant easement may be created for any purposes by the owner of the dominant and servient estate by the recordation of an instrument that grants or reserves such easement. The bill further provides that the rule of property law known as the doctrine of merger shall not prevent such grant or reservation.
Protection of employees; stay or pay contracts prohibited; civil penalty. Prohibits an employer from entering into, enforcing, or threatening to enforce a stay or pay contract, as defined in the bill, with any employee, with certain exceptions described. An employer that violates the bill's provisions is subject to a civil penalty of $1,000. The bill allows an employee to bring a civil action against an employer or other person that attempts to enforce a stay or pay contract and to seek appropriate relief, including enjoining the conduct of any person or employer, ordering payment of liquidated damages, and awarding lost compensation, damages, and reasonable attorney fees and costs. The bill provides that if the court finds a violation of the bill's provisions, the plaintiff is entitled to recover reasonable costs, including reasonable fees for expert witnesses, and attorney fees.
Zoning; by-right multifamily development. Requires a locality to include provisions in its zoning ordinance allowing for the by-right development and construction of multifamily residential uses and mixed-use developments that include both residential and commercial uses on at least 75 percent of all land contained in commercial or business zoning district classifications, including any land contained in commercial or business zoning district classifications that allow for the by-right development and construction of single-family residential uses. The bill provides that such provisions shall not (i) apply in underdeveloped areas that are covered by a tree canopy of at least 60 percent; (ii) impose more stringent land use requirements for such development than would otherwise be required; (iii) require that a special exception, special use, or conditional use permit be obtained for such development; (iv) require a lower height than the greater of the height of the tallest existing building within 500 feet or the height that would otherwise be allowed; (v) require more than one parking space per unit; (vi) require larger setbacks than the existing building in the locality with the smallest setbacks; or (vii) require more costly amenities or design features than would otherwise be required for multifamily or mixed-use buildings.The bill also (a) stipulates that the review and approval of such development shall be done administratively by the locality's staff; (b) requires that the zoning ordinance provisions must exempt any proposed development that converts an existing building to a multifamily residential use from any setback, height, or frontage requirements; (c) prohibits the zoning ordinance provisions to require any proposed development to dedicate some or all of its ground floor space to commercial uses; and (d) provides that any proposed residential development that dedicates a minimum of 10 percent of the total number of housing units to affordable housing may be offered application incentives by the locality. The bill also prohibits localities from approving any commercial or business use on a property adjacent to the approved multifamily residential development that is different from the use that had been established at the time the multifamily residential development was approved.
Campaign finance; campaign depositories. Permits campaign committees to designate no more than two campaign depositories for managing campaign contributions and expenditures. Under current law, campaign committees are required to designate a single campaign depository for managing all campaign contributions and expenditures. The bill has a delayed effective date of January 1, 2027.
