Virginia

2024

  • Senate Bill 172
    • Summary: Provides that the Governor or his designee may call forth the militia or any part thereof to state active duty for service when the Governor determines that cyber-related support is needed to assist state or local agencies or to assist private entities that provide critical infrastructure. The bill contains technical amendments.
    • Status: Introduced on January 7 2024 – 25% progression, died in chamber
    • Action: 2024-01-31 – Passed by indefinitely in Finance and Appropriations (10-Y 5-N)

D. Allotments may be made by the Governor from a sum sufficient for the deployment of personnel and materials for the Virginia National Guard and the Virginia Defense Force to prepare for a response to any of the circumstances set forth in subdivisions A 1 through 5 and 7 of §44-75.1, whether or not a state of emergency is declared in the Commonwealth pursuant to § 44-146.16. However, preparation authorized by this subsection shall be limited to the deployment of no more than 300 personnel and shall be limited to no more than five days, unless a state of emergency is declared.

  • House Bill 279
    • Summary: Employees of the Commonwealth or its subdivisions, including professional firefighters, are entitled to paid leave for military duty or training without losing pay, seniority, accrued leave, or efficiency ratings. While most employees have a 21-workday limit per federal fiscal year, professional firefighters may receive up to 388 work hours of paid leave for such duties, ensuring they are reinstated to their positions after service.
    • Status: Passed on March 28 2024 – 100% progression
    • Action: 2024-03-28 – Governor: Acts of Assembly Chapter text (CHAP0184)

A. All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of §44-75.1 or § 44-78.1.

There shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of §44-75.1 or 44-78.1.

All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave, or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year unless such officer or employee is a professional firefighter. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter and a member of the Virginia Defense Force or National Defense Executive Reserve shall receive paid leaves of absence for all work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter shall be engaged in training approved by the Governor or his designee. When relieved from any such duty, they officers and employees described in this section shall be restored to positions held by them when ordered to duty.

  • House Bill 1513
    • Summary: If the Governor declares a state of emergency and activates the Virginia National Guard or Virginia Defense Force, the Department can cover the health insurance premium previously paid by the service member’s employer. This applies if the service member serves at least 14 consecutive days, was employed with employer-provided health coverage before activation, and the employer stopped paying the premium due to the activation.
    • Status: Passed on March 28 2024 – 100% progression
    • Action: 2024-03-28 – Governor: Acts of Assembly Chapter text (CHAP0226)

“Service member” means a member of the Virginia National Guard or the Virginia Defense Force.

“State of emergency” has the same meaning as provided in §44-146.16.

B. If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member’s health care coverage previously paid by the service member’s employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member’s health care coverage, and (iii) as a result of the service member’s state active duty status, the employer is no longer paying such premium.

  • House Bill 96
    • Summary: Specialized and personalized license plates; military; fees. Removes fees for (i) special license plates issued to veterans and military decoration recipients and (ii) personalization of such special license plates.
    • Spectrum: Partisan Bill (Republican 1-0)
    • Status: Introduced on December 30 2023 – 25% progression, died in chamber
    • Action: 2024-01-18 – Stricken from docket by Transportation (22-Y 0-N)

 Be it enacted by the General Assembly of Virginia:
1. That §§46.2-725.3, 46.2-726, 46.2-740, 46.2-741, 46.2-742.1, 46.2-742.2, 46.2-742.4, 46.2-743, 46.2-745.1 through 46.2-745.5, 46.2-746.1, 46.2-746.2:2, 46.2-746.2:3, 46.2-746.2:4, 46.2-746.2:6, 46.2-746.3, 46.2-746.4, 46.2-746.5, 46.2-749.28, and 46.2-749.46 of the Code of Virginia are amended and reenacted as follows:
§46.2-725.3. Special license plates for veterans and recipients of certain military decorations.
A. No special license plate for recipients of a military decoration shall be considered by the General Assembly unless and until the person or entity seeking the authorization of such special plate has demonstrated to the satisfaction of the General Assembly the order of precedence of such military decoration as determined by the federal Department of Defense or other relevant federal agency.
B. Any special license plate for veterans or recipients of a military decoration falling below the Medal of Honor and above the Purple Heart in order of precedence, including such special license plates bearing reserved numbers or letters as provided in §46.2-726, shall be authorized for issuance by the Department with a $10 one-time fee in addition to for the prescribed cost of state license plates. Any special license plate for recipients of a military decoration falling below the Purple Heart in the order of precedence shall be authorized for issuance by the Department with a $10 annual special license plate fee in addition to the prescribed cost of state license plates. Special license plates for recipients of the Purple Heart shall be issued as provided in §46.2-742. The Department is authorized to issue an additional plate reflecting the “V” for Valor for any plate currently issued by the Department reflecting a military decoration that the federal Department of Defense or other relevant federal agency has determined is eligible for the “V” for Valor Device. The Department shall charge only the prescribed cost of state license plates for any plate design reflecting the “V” for Valor Device.
C. B. Notwithstanding §46.2-725, special license plates for the recipients of a military decoration are exempt from subdivisions B 1 and 2 of §46.2-725.
C. Unremarried surviving spouses of individuals eligible to receive such special license plates are also authorized to receive such special license plates.

Special license plates for active duty members of the armed forces of the United States and certain veterans; fees.

M. On receipt of an application and written evidence that the applicant is a member of the Virginia Defense Force, the Commissioner shall issue special license plates to members of the Virginia Defense Force. Unremarried surviving spouses of persons eligible to receive special license plates under this subsection may also be issued special license plates under this subsection.
  • House Bill 1539
    • Summary: Military leaves of absence for employees of Commonwealth or political subdivisions; professional firefighters. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a professional firefighter shall receive paid leaves of absence for up to 388 work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year, 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. Under current law, employees of the Commonwealth or a political subdivision of the Commonwealth are limited to an eight-hour, 21-workday cap, which equates to seven workdays for such employees working in 24-hour shifts. The 388-work-hour cap would provide leave for a little over 16 workdays for such employees working in 24-hour shifts.
    • Spectrum: Partisan Bill (Democrat 2-0)
    • Status: Passed on March 28 2024 – 100% progression
    • Action: 2024-03-28 – Governor: Approved by Governor-Chapter 184 (effective 7/1/24)

VIRGINIA ACTS OF ASSEMBLY — CHAPTER
An Act to amend and reenact §§44-93 and 44-204 of the Code of Virginia, relating to military leaves of absence for employees of Commonwealth or political subdivisions; professional firefighters.[H 279]
Approved

Be it enacted by the General Assembly of Virginia:
1. That §§44-93 and 44-204 of the Code of Virginia are amended and reenacted as follows:
§44-93. Leaves of absence for employees of Commonwealth or political subdivisions.
A. All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of §44-75.1 or § 44-78.1.
There shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of §44-75.1 or 44-78.1.
When relieved from any such duty, they officers and employees described in this section shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status, and pay, if the position exists, or in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.
For the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays on five or more days of each calendar week, the term “workday” shall mean 1/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. §4301 et seq.) overlaps such employee’s scheduled work shift, the employee shall receive paid military leave to the extent of such overlap.
B. In addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.
§44-204. Leaves of absence for employees of Commonwealth or political subdivisions.
All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave, or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year unless such officer or employee is a professional firefighter. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter and a member of the Virginia Defense Force or National Defense Executive Reserve shall receive paid leaves of absence for all work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter shall be engaged in training approved by the Governor or his designee.When relieved from any such duty, they officers and employees described in this section shall be restored to positions held by them when ordered to duty.
  • House Bill 1513
    • Summary:Active-duty status for any service member injured while in the line of duty. Provides that the Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable to return to civilian employment for a period of up to 90 days after the date of the service member’s injury. Active-duty status for any service member injured while in the line of duty. Provides that the Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable to return to civilian employment for a period of up to 90 days after the date of the service member’s injury.
    • Spectrum: Moderate Partisan Bill (Republican 39-6)
    • Status: Passed on March 28 2024 – 100% progression
    • Action: 2024-03-28 – Governor: Approved by Governor-Chapter 226 (effective 7/1/24)

VIRGINIA ACTS OF ASSEMBLY — CHAPTERAn Act to amend and reenact §44-102.1:1 of the Code of Virginia, relating to active-duty status for any service member injured while in the line of duty.[H 1513]Approved

Be it enacted by the General Assembly of Virginia:

1. That §44-102.1:1 of the Code of Virginia is amended and reenacted as follows:

§44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums.

A. As used in this section:

“Department” means the Department of Military Affairs.

“Service member” means a member of the Virginia National Guard or the Virginia Defense Force.

“State of emergency” has the same meaning as provided in §44-146.16.

B. If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member’s health care coverage previously paid by the service member’s employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member’s health care coverage, and (iii) as a result of the service member’s state active duty status, the employer is no longer paying such premium.

C. Any payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member’s employer from day 15 of the service member’s state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.

D. The Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.

E. The Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.

F. On or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.

G. Nothing in this section shall create a legal cause of action against the Commonwealth or the Department.

H. The Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member’s injury. The Adjutant General shall limit pay and allowances to the service member to the lesser of either the amount that the service member received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member’s rank and years of service.

2023 Legislation

  • Senate Bill 1228
    • Summary: Line of Duty Act; campus police officers; contributing private institutions of higher education. Provides employees of contributing private institutions of higher education with the benefits granted to employees of participating employers under the Line of Duty Act. The bill defines “contributing private institutions of higher education” as private institutions of higher education that have established a campus police department and made an irrevocable election to provide the benefits under the Line of Duty Act and to fund the cost by participating in the Line of Duty Death and Health Benefits Trust Fund. The bill clarifies that the Line of Duty Act shall not apply to any private institution of higher education that is not a contributing private institution of higher education.
    • Status: Introduced on January 10 2023 – 25% progression – Projected Bill Deceased
    • Action: 2023-01-10 – Referred to Committee on the Judiciary

“Beneficiary” means the spouse of a deceased person and such persons as are entitled to take under the will of a deceased person if testate, or as his heirs at law if intestate.

“Contributing private institution of higher education” means a private institution of higher education, as defined in §23.1-100, that has (i) established a campus police department pursuant to §23.1-810 and (ii) made an irrevocable election to provide the benefits under this chapter and to fund the cost by participating in the Fund.

“Deceased person” means any individual whose death occurs on or after April 8, 1972, in the line of duty as the direct or proximate result of the performance of his duty, including the presumptions under §§27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position is covered by the applicable statute, as

(ix) a member of the Virginia National Guard or the Virginia Defense Force while such member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code;

  • House Bill 1868
    • Summary: Special license plates; military service; unremarried surviving spouses. Authorizes unremarried surviving spouses of persons eligible to receive a special license plate for military service to also receive such special license plates. The law currently authorizes this for certain types of military service.
    • Status: Introduced on January 10 2023 – 25% progression, died in committee
    • Action: 2023-01-10 – Committee Referral Pending

§46.2-743. Special license plates for active duty members of the armed forces of the United States and certain veterans; fees.

M. On receipt of an application and written evidence that the applicant is a member of the Virginia Defense Force, the Commissioner shall issue special license plates to members of the Virginia Defense Force. Unremarried surviving spouses of persons eligible to receive special license plates under this subsection may also be issued special license plates under this subsection.

  • House Bill 1522
    • Summary: Virginia taxable income; subtractions; volunteer firefighters and volunteer emergency medical services personnel. Provides a state income tax subtraction of $20 per hour, up to a maximum of 325 hours per taxable year, for bona fide volunteers, as defined by the bill, who perform qualifying services. Qualifying services are defined in the bill as volunteer firefighting and fire prevention services, emergency medical services, auxiliary police services, ambulance services, emergency rescue services, and all training and training-related activities required by law for the performance of such services.
    • Status: Introduced on January 5 2023 – 25% progression, died in committee
    • Action: 2023-01-05 – Referred to Committee on Finance

“Bona fide volunteer” means an individual who is a qualified member of the United States Coast Guard Auxiliary, the Virginia Defense Force, or the Virginia Wing, Civil Air Patrol as certified by such organizations, or an individual who performs qualifying services and whose only compensation for such performance is (i) reimbursement, or a reasonable allowance, for reasonable expenses incurred in the performance of such qualifying services or (ii) reasonable benefits, including length of service awards, and fees for such qualifying services customarily paid by eligible employers in connection with the performance of qualifying services by bona fide volunteers.

  • House Bill 2080
    • Summary: Special license plate; woman veteran. Authorizes the issuance of special license plates for women veterans upon receipt of an application therefore, evidence that the applicant is an honorably discharged former member of the armed forces of the United States, and certification that the applicant is a woman. Current law authorizes the issuance of a special license plate to veterans of the armed forces of the United States.
    • Status: Passed on March 22 2023 – 100% progression
    • Action: 2023-01-10 – Committee Referral Pending

A. 1. On receipt of an application and written evidence that the applicant is an honorably discharged former member of one of the armed forces of the United States, the Commissioner shall issue to the applicant special license plates.

M. On receipt of an application and written evidence that the applicant is a member of the Virginia Defense Force, the Commissioner shall issue special license plates to members of the Virginia Defense Force.

2022 Legislation

  • House Bill 642
    • Summary:Department of Military Affairs; health care premium payments for certain service members. Provides that if the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department of Military Affairs (the Department) is authorized to pay, for any service member of the Virginia National Guard or the Virginia Defense Force that was called to state active duty under a declaration of a state of emergency for at least 14 consecutive days, the portion of the premium for such service member’s health care coverage previously paid by the service member’s employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member’s health care coverage, and (iii) as a result of the service member’s state active duty status, the employer is no longer paying such premium. The bill authorizes the Department to use the sum sufficient identified in the relevant state of emergency declaration for any such payment. The bill requires the Department to establish policies, procedures, and protocols to implement and record any payment authorized by this section and to report annually by November 1 to the Secretary of Veterans and Defense Affairs all such payments made.
    • Status: Status: Passed on April 11 2022 – 100% progression
  • Senate Bill 719 (Similar to House Bill 642)
    • Summary: Department of Military Affairs; health care insurance premiums for members of Virginia National Guard or Virginia Defense Force. Provides that the Department of Military Affairs shall have the power to pay the employer portion of health care insurance premiums for any member of the Virginia National Guard or Virginia Defense Force when certain circumstances are met. The bill requires the Department to establish policies, procedures, and protocols to implement and record such payments and to report annually to the Secretary of Veterans and Defense Affairs all such payments made.
    • Status: Passed on April 11 2022 – 100% progression
  • House Bill 231
    • Summary: Military personnel; leaves of absence. Increases, from 15 to 21 days, the number of days a member of the armed services, reserves, National Guard, Virginia Defense Force, or National Defense Executive Reserve shall be entitled to paid leave for military duties. The bill applies only to individuals who are employed by the Commonwealth or a political subdivision of the Commonwealth.
    • Status: Passed on April 11 2022 – 100% progression