VirginiaSB3912026 Regular SessionSenateWALLET

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

Sponsored By: Richard H. Stuart (Republican)

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 HB 862.

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 1 benefits, 2 costs, 6 mixed.

DUI program fees and interlock rules

If you are convicted of a first or second DUI, the court orders you into a certified VASAP. The court charges a $250–$300 program fee, which can be reduced or waived if you are indigent. Up to 10% of that fee can be sent to the state VASAP Commission each month. Courts can let you drive on a restricted license for set purposes, or give an interlock‑only restricted license for at least six months. For certain DUI cases, you must use a certified ignition interlock for at least 12 months without alcohol violations, submit quarterly logs, and pay a $20 court/administrative fee. You may choose your device provider from the list of certified companies.

Speed assistance program rules and costs

Beginning July 1, 2026, if a court orders you into the Intelligent Speed Assistance (ISA) Program, the DMV suspends your full license and issues a restricted one tied to enrollment. You must install a certified ISA system on each vehicle you own or register and may not drive any vehicle without a working, certified ISA. The term lasts as the court orders, or nine months plus a driver improvement clinic if § 46.2-506 applies. You must pay all program costs unless a court or the Commission finds you indigent. The Commission runs a fund, paid from manufacturer fees, to help indigent people with ISA costs. DMV sends written notice of requirements, and you can prequalify for ISA before trial. Tampering with an ISA is a Class 1 misdemeanor.

New VASAP Commission and local funding rules

The law creates a statewide VASAP Commission to set standards, certify local programs, and oversee money. Localities that run or join a local ASAP must budget funds for it and name a fiscal agent locality by January 1, 2028. Local programs must send monthly financial reports by the 15th, an annual income statement by August 1, and a budget by May 1. The Commission can charge late fees, withhold funds, suspend certification, run a program temporarily, or move unspent funds if a program is decertified. The Commission can give emergency help to compliant local programs when funds are available and must lead a funding work group report by October 1, 2026. Certified VASAP programs are treated as criminal justice agencies. Some sections linked to the fiscal agent take effect January 1, 2028. The Commission must also set program rules and protect offender data privacy.

Help paying for required monitoring devices

If a court finds you indigent, a fund can pay all or part of your ignition interlock or remote alcohol monitoring costs. The fund is built from a share of fees collected from device makers or distributors. The Commission’s rules set up and run this fund.

ASAP staff must be certified and sworn

People cannot perform duties for a local ASAP unless they hold a Commission‑issued certification. Every case manager and any employee who provides probation services must take the oath in § 49-1 before starting work. Employers cannot let uncertified staff do ASAP duties.

Stricter standards for interlock and monitors

The Commission certifies ignition interlock and remote alcohol monitoring devices and sets the rules to install and maintain them. Devices must be safe to use, hard to tamper with, support rolling retests, and send electronic logs within 24 hours. A warning label at installation states that tampering is a Class 1 misdemeanor. Makers must pay certification costs and provide a toll‑free, 24‑hour support line at no cost to the Commonwealth.

Updated VASAP leadership and transition rules

The law repeals old VASAP code sections (18.2-270.2, 18.2-271.2, 18.2-271.4). Current Commission members keep their unexpired terms. Starting July 1, 2026, all new Commission appointments follow the new rules in this law. Existing VASAP regulations stay in force unless they conflict with this act; the act controls if there is a conflict.

ISA vendors: certification, labels, support

Starting July 1, 2026, the Commission certifies ISA systems and adopts program rules. It publishes a statewide list of certified ISA devices, and eligible users may choose among certified suppliers. Makers must meet technical and anti‑tampering standards, provide electronic logs within 24 hours, carry insurance, pay reasonable certification costs, and offer a toll‑free, around‑the‑clock support line at no cost to the Commonwealth. Each ISA gets a warning label at installation stating that tampering is a Class 1 misdemeanor. The Executive Director runs the program’s operations with Commission approval.

Only certified interlock and ISA devices

The law bans selling or leasing ignition interlock or remote alcohol monitoring devices to covered offenders unless the device is Commission‑certified and its warning label is attached at installation. Beginning July 1, 2026, no one may sell or lease an Intelligent Speed Assistance (ISA) system to anyone in Virginia unless the system is Commission‑certified and has the required warning label. These rules limit sales to approved devices and aim to protect users.

Sponsors & Cosponsors

Sponsor

  • Richard H. Stuart

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 269 • No: 1

Senate vote 3/10/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote 3/9/2026

Passed House with substitute Block Vote

Yes: 96 • No: 0

House vote 3/4/2026

Reported from Appropriations with substitute

Yes: 22 • No: 0

House vote 3/2/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 22 • No: 0

Senate vote 2/17/2026

Read third time and passed Senate

Yes: 40 • No: 0

Senate vote 2/16/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote 2/11/2026

Reported from Courts of Justice with amendments

Yes: 13 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0687)

    4/13/2026Governor
  2. Approved by Governor-Chapter 687 (Effective - see bill)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    4/6/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB391ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Passed House with substitute Block Vote (96-Y 0-N 0-A)

    3/9/2026House
  12. Engrossed by House - committee substitute

    3/9/2026House
  13. committee substitute agreed to

    3/9/2026House
  14. Read third time

    3/9/2026House
  15. Read second time

    3/6/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    3/6/2026Senate
  17. Committee substitute printed 26109196D-H1

    3/4/2026House
  18. House committee offered

    3/4/2026House
  19. Reported from Appropriations with substitute (22-Y 0-N)

    3/4/2026House
  20. Assigned HAPP sub: General Government and Capital Outlay

    3/3/2026House
  21. Reported from Courts of Justice and referred to Appropriations (22-Y 0-N)

    3/2/2026House
  22. Referred to Committee for Courts of Justice

    2/24/2026House
  23. Read first time

    2/24/2026House
  24. Placed on Calendar

    2/24/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (SB391)

    2/19/2026Senate

Bill Text

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