VirginiaHB8622026 Regular SessionHouseWALLET

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

Sponsored By: Rae Cousins (Democratic)

Became Law

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

11 provisions identified: 1 benefits, 3 costs, 7 mixed.

Restricted licenses require safety program

Beginning July 1, 2026, if a court orders you into the driver safety program, the DMV suspends your full license and gives you a restricted one tied to enrollment. You cannot get another license until you complete the required period. The required time lasts as the court orders, or nine months under § 46.2-506 plus a driver improvement clinic. The DMV must give you written notice of the program rules. You may pre‑qualify and install the system before trial, and the court may consider that. A court can order remote alcohol monitoring if you cannot get a restricted license, and it may let you drive an employer‑owned vehicle without an interlock if it says so. You still cannot drive school buses or commercial vehicles.

ISA‑enrolled drivers must equip and pay

Beginning July 1, 2026, if you are enrolled in the ISA Program, you must install a certified ISA system on every vehicle you own or register. You may not drive any vehicle that does not have a working, certified system. You must pay all enrollment and device costs unless a court or the Commission finds you indigent. The law creates a Fund that can cover some or all costs for people found indigent, paid from a share of device fees.

Interlock and monitoring device costs

If you are convicted of certain alcohol offenses, you must use a certified ignition interlock, often for at least 12 straight months without violations. If the court orders an interlock or remote alcohol monitor, you must enroll in an ASAP and give device data at least every three months. You pay a $20 court clerk fee and all device lease, monitoring, and upkeep costs. The device must be checked and calibrated about every 30 days by an approved entity. If you do not install, monitor, or calibrate on time, the court can revoke your driving privileges.

Local alcohol safety funding and oversight

Local governments can run alcohol safety programs with independent policy boards and required insurance. They must fund programs and, if several localities are served, sign a written agreement that fairly shares costs. Each program must name a fiscal‑agent locality by January 1, 2028. Programs must file monthly financial reports by the 15th, an annual income statement by August 1, and an annual budget by May 1. The Commission can give emergency help, approve shared‑service agreements, fine localities that do not pay, reconstitute boards, withhold or recover funds, suspend referrals, or decertify programs to keep services accountable and running.

Certified speed‑limit devices and seller rules

Beginning July 1, 2026, the Commission sets up and runs the Intelligent Speed Assistance (ISA) Program. It certifies ISA devices, sets installation and data rules, and publishes a list of approved systems available statewide. Certified makers must carry insurance, provide a 24‑hour toll‑free help line, and send data to the Commission within 24 hours. Sellers may offer only certified devices with the Commission’s warning label that says tampering is a Class 1 misdemeanor. People ordered to use ISA can choose among certified providers; selling or leasing uncertified devices is banned.

New commission runs alcohol safety programs

The law creates a 15‑member VASAP Commission to run and oversee local alcohol safety programs. It meets at least four times a year, hires staff, and is represented by the Attorney General (or special counsel if needed). The Commission sets statewide standards, approves a Certification Manual, and writes the regulations and forms to run the programs. It can certify or decertify local programs and make agreements with courts and agencies to keep services consistent across Virginia.

Criminal penalties for device tampering

The law makes it a Class 1 misdemeanor to tamper with or try to bypass an ISA system; this takes effect July 1, 2026. It is also a crime to tamper with ignition interlock or remote alcohol monitoring devices, or to give a non‑equipped car to someone barred from driving one. Violations can bring fines, jail, and loss of restricted driving.

New hiring and review rules for ASAP staff

Local ASAP staff must pass a background check, a driving‑record review, and score at least 80% on a written exam to be certified. Directors must meet new standards on staff management, budgets, and cooperation with courts and police. The Executive Director reviews each local director every year. Losing certification can bar someone from working at any local ASAP.

Data privacy rules and transition timing

The Commission sets rules to collect program data and protect personal privacy under state and federal law. Existing VASAP rules keep applying unless they conflict with this act. Current commissioners keep their terms; new appointments made on or after July 1, 2026 must follow this act. The law also repeals three prior VASAP code sections.

How program fees are collected and used

The Commission can accept grants, gifts, or loans for driver alcohol education. It sets statewide rules for collecting and accounting for program fees. Up to 10% of the offender entry fee may be forwarded monthly to the Commission. Legislative members’ pay and expenses are funded from the portion of these fee receipts that go to the Commission.

Uniform offender fees and tighter oversight

The Commission sets one statewide fee schedule for offenders in VASAP services. Money from offender fees can only be used to run the local ASAP and is subject to Commission control. The Commission may collect unspent balances to keep programs accountable. Funds paid to the Commonwealth may be used to cover state and local program costs and Commission expenses, with required public reporting.

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

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • 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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