VirginiaHB8622026 Regular SessionHouseWALLET

Virginia Alcohol Safety Action Program (VASAP), Commission on; structure and responsibilities.

Sponsored By: Rae Cousins (Democratic)

Signed by Governor

Summary

Commission on the Virginia Alcohol Safety Action Program (VASAP). Restructures the existing governance structure and responsibilities of the Commission on VASAP and expands its oversight authority over local alcohol safety action programs. The provisions of the bill related to a fiscal agent locality have a delayed effective date of January 1, 2028. The bill also directs the Commission on VASAP to convene a work group with relevant stakeholders to review the sustainability of the structure and funding model for VASAP and submit a report of its findings and recommendations to the Commission on VASAP and the Chairs of the House Committees on Appropriations and for Courts of Justice and the Senate Committees on Finance and Appropriations and for Courts of Justice by October 1, 2026. As introduced, this bill was a recommendation of the Commission on VASAP and is identical to SB 391.

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 1 benefits, 4 costs, 9 mixed.

Repeat driving offenders face longer limits

A second qualifying alcohol-related driving offense less than 10 years after the first brings a three-year license revocation. Afterward, every vehicle owned by or registered to the driver needs an ignition interlock for 12 consecutive violation-free months. Drivers who already completed that interlock period under a restricted license do not repeat it. Certain second offenses block restricted licenses for four months when within 10 years, or one year when within five years. Other listed revocations bar restricted licenses entirely; eligible drivers must enroll in the required program within 15 days and complete it.

Device tampering brings criminal driving penalties

Tampering with or bypassing a required interlock or remote alcohol monitor is a Class 1 misdemeanor. Prohibited help includes starting a vehicle for a restricted driver or knowingly supplying a non-interlock vehicle without authorization. Remote-monitor tampering also revokes the restricted license, though courts may grant a restricted permit for good cause. Beginning July 1, 2026, tampering with or attempting to bypass a program-required speed assistance system is also a Class 1 misdemeanor. Speed-system violations are prosecuted where they occur.

Drivers gain permits with monitoring conditions

For good cause, courts may give drivers in certified programs permits for work, school, health care, family needs, worship, court obligations, and job seeking. Some trips require written proof; eligible drivers may receive permits for any lawful purpose, but none allow commercial driving. Drivers barred by the specified interlock rules may request remote alcohol monitoring for the prohibition period and must stay alcohol-free. A court may allow any-purpose driving with that monitor and interlocks on all owned or registered vehicles; drivers pay $20 and submit data at least quarterly. An employer-requested, court-approved exception allows work-only use of employer vehicles without interlocks, excluding school or commercial vehicles and employers partly owned or controlled by the driver.

Drivers pay device costs with aid available

Drivers ordered to use an interlock or remote alcohol monitor must show proof within 30 days and pay device and upkeep costs. Programs must monitor and calibrate devices at least every 30 days; courts may revoke driving privileges for noncompliance without good cause. The Commission certifies devices, publishes approved lists, sets installation and upkeep rules, and ensures statewide availability and supplier choice. A fund using part of manufacturers' or distributors' fees helps court-declared indigent users pay some or all device costs. Suppliers must provide certified, warning-labeled devices, pay reasonable certification costs, and provide required services—including 24-hour toll-free support—at no state cost.

Restricted driving comes with interlock requirements

Courts may grant restricted driving for good cause when they order completion of a certified alcohol safety program. That license requires a working, certified ignition interlock for at least six consecutive months without alcohol-related violations. Many specified alcohol-related convictions require at least 12 consecutive violation-free months; courts have discretion for certain first offenses. Adult first offenders may request a six-month minimum when the court adds further driving limits. Convictions under § 46.2-391 require interlocks on every owned or registered vehicle, and these restricted licenses do not allow commercial driving.

Speed program drivers face equipment costs

Beginning July 1, 2026, the law establishes a court-ordered Intelligent Speed Assistance Program. After court notice, DMV suspends the driver's license and makes enrollment a condition of a restricted license. Participants need certified systems on every owned or registered vehicle and cannot drive vehicles without working systems. Enrollment lasts as ordered; enrollment under § 46.2-506 requires nine months and successful completion of a driver improvement clinic. Other licenses remain unavailable until completion, and participants pay program costs unless a court or the Commission finds them indigent.

Drivers get credit for pretrial interlocks

People facing listed alcohol-related driving charges may enter an alcohol safety program and install an ignition interlock before trial. That time counts toward later court-ordered interlock or restricted-license periods. It also counts toward related DMV driving restrictions, suspensions, or revocations.

Alcohol program workers face certification rules

Local alcohol safety program workers must obtain and keep Commission certification before working or performing program duties. Certification standards include a background investigation, driving-history review, and at least 80% on an approved written exam. Case managers and other designated probation-service workers must take an oath before starting those duties. Directors face certification standards and annual reviews covering management, finances, compliance, integrity, and cooperation with courts and community partners. An unsatisfactory rating bars a director from working in any local program and may cause the program to lose certification.

Local programs face financial reporting deadlines

Local alcohol programs must follow generally accepted accounting rules and undergo local, state, and federal audits. Monthly reports are due by the next month's 15th day; annual income statements are due August 1. Programs must submit annual budgets and supporting records for Commission approval by May 1. Late reports can bring daily fees or lost certification; budget failures can trigger funding recovery, certification loss, stopped referrals, or temporary administration. Revenue is limited to program administration, and the Commission may collect unused revenue or reserves.

Alcohol program fees include hardship relief

Courts may order people with specified alcohol-related driving offenses to complete an alcohol safety program. They may decline for good cause when an assessment finds intervention inappropriate. Participants pay $250 to $300, but courts may lower or waive the fee after finding them indigent. Up to 10% goes monthly through the State Treasurer for Commission use; the rest supports local program administration. The Commission also sets a uniform schedule of offender service fees.

Local alcohol programs get statewide oversight

A legislative-branch Commission oversees local alcohol safety programs, sets standards, and manages supplemental or emergency funding. Local programs need independent policy boards, directors, staff, insurance unless locality-provided, and services at Commission-set times with approved remote or electronic access. Boards review budgets and help with personnel decisions alongside the fiscal agent locality; they must include prosecution, defense, police, and community-services representatives. Programs need approved agreements covering duties, funding conditions, performance, and corrective steps; approved shared-service agreements preserve each program's obligations. Violations can trigger funding recovery, certification suspension, or board intervention; the law also repeals §§ 18.2-270.2, 18.2-271.2, and 18.2-271.4.

Required services continue when programs fail

Local programs need certification at least every three years and must submit corrective plans within 10 days of noncompliance notices. The Commission may impose conditional certification, extend correction periods, reorganize programs, revoke certification, or suspend it for up to 90 days in specified cases. Suspensions may stop new referrals or information-system access, but existing clients generally remain served unless the Commission directs otherwise. Required district services must continue through neighboring certified programs or qualified interim providers; direct or contracted interim administration may last up to 12 months. Beginning January 1, 2028, decertified programs' remaining funds, receivables, reserves, and assets revert to the Commission and are held by the State Treasurer solely for interim services or rebuilding programs in the affected area.

Localities fund programs and manage payroll

Participating localities must support local alcohol programs; shared programs need written, filed agreements that fairly divide costs. Localities that fail to contribute may be fined. Available emergency aid requires threatened program survival, compliance with standards, and participating localities' required contributions. Beginning January 1, 2028, each program needs a fiscal-agent locality to manage funds and employ staff; shared programs need each locality's written approval. Offender fees fund payroll and benefits, boards retain personnel recommendation roles under locality rules, and fiscal agents may collect up to 10% of approved annual budgets for administration. Missing fiscal agents can bring fines up to $5,000 plus interim administration costs.

Speed devices need approval and assistance funds

Beginning July 1, 2026, the Commission certifies speed assistance systems and regulates their installation and upkeep. It publishes approved lists and ensures statewide availability. Systems must be certified and carry warning labels before sale or lease. Manufacturers or distributors pay reasonable certification costs and provide required support, including a toll-free 24-hour number, at no state cost. A Commission fund uses a percentage of participant fees to help users found indigent by a court or the Commission.

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 333 • No: 0

House vote • 3/6/2026

Senate substitute agreed to by House

Yes: 97 • No: 0

Senate vote • 3/4/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote • 3/3/2026

Reported from Finance and Appropriations with substitute

Yes: 14 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 2/23/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 13 • No: 0

House vote • 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote • 2/11/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

House vote • 2/6/2026

Subcommittee recommends reporting with amendment(s)

Yes: 10 • No: 0

House vote • 1/23/2026

Referred from Public Safety and referred to Courts of Justice (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0686)

    4/13/2026Governor
  2. Approved by Governor - Chapter 686 (effective - see bill)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB862)

    3/13/2026House
  6. Bill text as passed House and Senate (HB862ER)

    3/13/2026House
  7. Enrolled

    3/13/2026House
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Senate substitute agreed to by House (97-Y 0-N 0-A)

    3/6/2026House
  11. Fiscal Impact Statement from Department of Planning and Budget (HB862)

    3/6/2026House
  12. Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

    3/4/2026Senate
  13. Finance and Appropriations Substitute agreed to

    3/4/2026Senate
  14. Committee substitute printed 26108937D-S1

    3/4/2026Senate
  15. Engrossed by Senate - committee substitute

    3/4/2026Senate
  16. Read third time

    3/4/2026Senate
  17. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  18. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  19. Rules suspended

    3/3/2026Senate
  20. Reported from Finance and Appropriations with substitute (14-Y 0-N)

    3/3/2026Senate
  21. Reported from Courts of Justice and rereferred to Finance and Appropriations (13-Y 0-N)

    2/23/2026Senate
  22. Fiscal Impact Statement from Department of Planning and Budget (HB862)

    2/19/2026House
  23. Referred to Committee for Courts of Justice

    2/18/2026Senate
  24. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  25. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House

Bill Text

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