Bills & Legislation

Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill provides that no retail sales may occur prior to January 1, 2027. Effective January 1, 2027, the bill also moves oversight of the retail sale of certain regulated hemp products from the Virginia Department of Agriculture and Consumer Services to the Virginia Cannabis Control Authority. This bill incorporates SB 671 and SB 826 and is identical to HB 642.

Lashrecse D. AirdDemocrat

Higher educational institutions, public; membership of governing boards.

Public institutions of higher education; governing boards; membership and duties; work groups. Revises the membership and duties of the governing board of each public institution of higher education by, among other things, increasing from four years to six years the terms of each member of the governing board and requiring the governing board of each public institution of higher education to adopt policies defining and implementing shared governance among the components of the institution's organizational structure. The bill also directs the State Council of Higher Education for Virginia to convene work groups for the purpose of developing model shared governance policies, in accordance with the provisions of the bill, and for the purpose of studying and making recommendations on (i) institutional structures and processes relating to legal counsel; (ii) the current selection and use of outside legal counsel by public institutions of higher education; (iii) a process by which (a) the governing board of any public institution of higher education, the Governor, or the General Assembly or a committee thereof with relevant oversight responsibility, upon determining that the legal counsel of a public institution of higher education is not acting in the best interests of the institution, including due to a conflict of interest, failure to defend the lawful authority of the public institution of higher education, or failure to comply with state law, may request the Attorney General to review the adequacy of such legal representation and (b) upon a determination by the Attorney General or the General Assembly or a committee thereof with relevant oversight responsibility that such institution is not receiving adequate legal representation, the governing board of any public institution of higher education may request additional representation or approve alternate counsel as necessary to protect the interests of the institution; and (iv) policies for requiring any individual member of a governing board of a public institution of higher education to recuse himself from or not participate in any vote or decision of the governing board on any matter in which he has a personal or pecuniary interest or any partisan or ideological interest that would compromise his ability to vote or act objectively and in accordance with the primary duties set forth in relevant law. This bill incorporates SB 381 and is identical to HB 1385.

R. Creigh DeedsDemocrat

Public employees; repeals existing prohibition on collective bargaining, etc.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.

Scott A. SurovellDemocrat

Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.

Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to HB 246.

Jennifer B. BoyskoDemocrat

Courthouses; certain civil arrests prohibited, penalty.

Prohibiting certain acts in furtherance of federal immigration enforcement in certain protected areas; exceptions; penalties. Prohibits certain federal civil immigration enforcement activities in certain protected areas including any courthouse, within 40 feet of any polling place or building used as a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, and any place or facility owned by the Commonwealth that is a hospital or other health care facility, a school or public institution of higher education, or an office of the attorney for the Commonwealth. The bill prohibits any civil arrest in a courthouse pursuant to a civil administrative warrant, subject to certain exceptions such as service or enforcement of an order for failure to pay child support or for any arrest occurring in connection with a court proceeding that is taking place or is scheduled to take place. The bill provides that such provisions shall not apply when such arrest is authorized by a judicial warrant or judicial subpoena. The bill also authorizes a local school board to include in its written school crisis, emergency management, and medical emergency response plan a procedure for notifying school board employees and parents of enrolled students of the presence of certain individuals on school property for immigration investigation or enforcement purposes. The bill requires each public institution of higher education to adopt a policy that requires an individual present on campus to investigate compliance with, enforce, or assist in an investigation or enforcement of any federal immigration law to present a valid judicial warrant or judicial subpoena before accessing any nonpublic area of the campus. This bill is identical to HB 650.

Saddam Azlan SalimDemocrat

Virginia Human Rights Act; reasonable accommodation for known limitations related to menopause.

Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to HB 1173.

Stella G. PekarskyDemocrat

Prescription Drug Affordability Board; established.

Prescription Drug Affordability Advisory Panel established; maximum fair price; annual reports; civil penalties. Directs the Secretary of Health and Human Resources to establish the Prescription Drug Affordability Advisory Panel to conduct data analyses, develop policy recommendations, and identify implementation barriers related to strategies to improve prescription drug affordability, enhance price transparency, and strengthen data collection practices for prescription drugs across public and private payers. The bill requires the Panel to (i) report annually on prescription drug pricing trends and any policy recommendations on legislation to improve prescription drug affordability and (ii) provide quarterly updates on prescription drug pricing trends. The bill requires each pharmacy benefits manager to provide to the Panel, upon request, certain information relating to the dispensation of a referenced drug, as defined in the bill.The bill prohibits prescription drug manufacturers or wholesale distributors permitted or licensed in the Commonwealth from accepting payment at an amount higher than the maximum fair price established by the U.S. Secretary of Health and Human Services pursuant to federal law for the sale of a referenced drug intended for use by individuals in the Commonwealth. Under the bill, an entity that violates such prohibition is subject to a civil penalty of $10,000 per violation. The bill also prohibits a manufacturer subject to its provisions from removing a referenced drug from sale distribution in the Commonwealth for the purpose of avoiding the impact of the bill's rate limitations without providing certain prior notice. Under the bill, a manufacturer that violates such prohibition on removing a referenced drug without the required notice is subject to a civil penalty equal to the greater of $100,000 or the total amount of annual savings for the referenced drug, as determined by the Board of Pharmacy. This bill is identical to HB 483.

R. Creigh DeedsDemocrat

Inmates; Director of Dept. of Corrections shall continue to accept applications for confinement.

Director of the Department of Corrections; placement of inmates. Directs the Director of the Department of Corrections to continue accepting and reviewing applications for the confinement of inmates from a state party to the Interstate Corrections Compact entered into pursuant to relevant law, but prohibits any placement of any such inmate at the Red Onion State Prison until such time as the General Assembly reauthorizes such placement by act of assembly.

Jerrauld C. "Jay" JonesDemocrat

Civil actions filed on behalf of multiple persons; class actions.

Civil actions filed on behalf of multiple persons; class actions; violations of Virginia Consumer Protection Act; award of damages. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action, provided that (i) the class is so numerous that joinder of all members is impracticable, (ii) there are questions of law or fact common to the class, (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill also applies the procedure by which an individual may be awarded damages in an action for a violation of the Virginia Consumer Protection Act to a class action. Finally, the bill permits the Court of Appeals to permit an appeal to be taken from an order certifying a class in accordance with the provisions of the bill or any other order that is not a final order of the circuit court in a class action. The bill has a delayed effective date of January 1, 2027. This bill is identical to HB 449.

Scott A. SurovellDemocrat

District or circuit court; possession of portable electronic devices.

Security policies for courthouses and local or regional correctional facilities; penalty. Adds several provisions relating to courthouse and courtroom security. The bill requires the chief judge of each general district court, juvenile and domestic relations district court, and circuit court to set a policy regarding the use and possession of portable electronic devices by visitors to the court. The bill authorizes such chief judge to condition the use and possession of portable electronic devices upon certain limitations. The bill also provides that if a sheriff allows courthouse employees to bypass any security screening required to enter a courthouse, such sheriff shall also exempt from the security screening any attorney who displays a valid Virginia State Bar-issued bar card and a government-issued identification. The bill creates a Class 1 misdemeanor for any attorney who has had his license to practice law in the Commonwealth suspended or revoked and who displays a Virginia State Bar-issued bar card in an effort to be exempt from the security screening. Finally, the bill requires the State Board of Local and Regional Jails to develop and establish minimum standards to ensure that attorneys have sufficient opportunities to have confidential visits with their clients and requires sheriffs or jail superintendents to provide a telephonic, electronic, or web-based communication method for prisoners in local correctional facilities to communicate with attorneys.

Saddam Azlan SalimDemocrat

Correctional facilities, local and regional, and courthouse security; powers & duties for operation.

Powers and duties for operation of local and regional correctional facilities and courthouse security; attorney access to courthouses and communication and visitation with incarcerated clients; penalty. Provides that if a sheriff allows courthouse employees or law-enforcement officers to bypass any security screening required to enter a courthouse, such sheriff shall also exempt from the security screening any attorney who displays a valid Virginia State Bar-issued bar card and a government-issued identification. The bill creates a Class 1 misdemeanor for any attorney who has had his license to practice law in the Commonwealth suspended or revoked and who displays a Virginia State Bar-issued bar card in an effort to be exempt from the security screening. The bill also requires any telephonic, electronic, or web-based communication system for prisoners that is offered by a sheriff or jail superintendent who operates a local or regional correctional facility to include a confidential means for a prisoner to communicate with his attorney at regular and reasonable times.

Karen Keys-GamarraDemocrat

Higher educational institutions, public; membership of governing boards.

Public institutions of higher education; governing boards; membership and duties; work groups. Revises the membership and duties of the governing board of each public institution of higher education by, among other things, increasing from four years to six years the terms of each member of the governing board and requiring the governing board of each public institution of higher education to adopt policies defining and implementing shared governance among the components of the institution's organizational structure. The bill also directs the State Council of Higher Education for Virginia to convene work groups for the purpose of developing model shared governance policies, in accordance with the provisions of the bill, and for the purpose of studying and making recommendations on (i) institutional structures and processes relating to legal counsel; (ii) the current selection and use of outside legal counsel by public institutions of higher education; (iii) a process by which (a) the governing board of any public institution of higher education, the Governor, or the General Assembly or a committee thereof with relevant oversight responsibility, upon determining that the legal counsel of a public institution of higher education is not acting in the best interests of the institution, including due to a conflict of interest, failure to defend the lawful authority of the public institution of higher education, or failure to comply with state law, may request the Attorney General to review the adequacy of such legal representation and (b) upon a determination by the Attorney General or the General Assembly or a committee thereof with relevant oversight responsibility that such institution is not receiving adequate legal representation, the governing board of any public institution of higher education may request additional representation or approve alternate counsel as necessary to protect the interests of the institution; and (iv) policies for requiring any individual member of a governing board of a public institution of higher education to recuse himself from or not participate in any vote or decision of the governing board on any matter in which he has a personal or pecuniary interest or any partisan or ideological interest that would compromise his ability to vote or act objectively and in accordance with the primary duties set forth in relevant law. This bill incorporates HB 780, HB 939, and HB 1069 and is identical to SB 494.

Lily V. FranklinDemocrat

Public employees; repeals existing prohibition on collective bargaining, etc.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to SB 378.

Kathy K.L. TranDemocrat

Virginia Human Rights Act; reasonable accommodation for known limitations related to menopause.

Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to SB 258.

Kathy K.L. TranDemocrat

Social services, local departments of; child abuse and neglect, recorded interviews.

Local departments of social services; child abuse and neglect; recorded interviews. Requires local departments of social services, unless otherwise demonstrated by good cause shown, to record any child welfare interview, defined in the bill. Under the bill, any person may record any communications between themselves and child-protective services personnel that take place during the course of an investigation or family assessment. Under current law, only a person who is suspected of abuse or neglect of a child and who is the subject of an investigation or family assessment may record such communications.

Karrie K. DelaneyDemocrat

Cannabis control; establishes framework for creation of retail marijuana market, penalties, report.

Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill provides that no retail sales may occur prior to January 1, 2027. Effective January 1, 2027, the bill also moves oversight of the retail sale of certain regulated hemp products from the Virginia Department of Agriculture and Consumer Services to the Virginia Cannabis Control Authority. This bill is identical to SB 542.

Paul E. KrizekDemocrat

Courthouses; certain civil arrests prohibited, penalty.

Prohibiting certain acts in furtherance of federal immigration enforcement in certain protected areas; exceptions; penalties. Prohibits certain federal civil immigration enforcement activities in certain protected areas including any courthouse, within 40 feet of any polling place or building used as a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, and any place or facility owned by the Commonwealth that is a hospital or other health care facility, a school or public institution of higher education, or an office of the attorney for the Commonwealth. The bill prohibits any civil arrest in a courthouse pursuant to a civil administrative warrant, subject to certain exceptions such as service or enforcement of an order for failure to pay child support or for any arrest occurring in connection with a court proceeding that is taking place or is scheduled to take place. The bill provides that such provisions shall not apply when such arrest is authorized by a judicial warrant or judicial subpoena.The bill also authorizes a local school board to include in its written school crisis, emergency management, and medical emergency response plan a procedure for notifying school board employees and parents of enrolled students of the presence of certain individuals on school property for immigration investigation or enforcement purposes. The bill requires each public institution of higher education to adopt a policy that requires an individual present on campus to investigate compliance with, enforce, or assist in an investigation or enforcement of any federal immigration law to present a valid judicial warrant or judicial subpoena before accessing any nonpublic area of the campus. This bill incorporates HB 1260, HB 1265, HB 1440, and HB 1442 and is identical to SB 351.

Katrina CallsenDemocrat

Elections; administration, acceptance of certain gifts and funding, approval required.

Elections; administration; acceptance of certain gifts and funding; approval required. Removes the prohibition on accepting property and services provided by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs, voter registration programs, or any other expense incurred in the conduct of elections. Conditions the acceptance of money or grants of greater than $1,000 given by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs, voter registration programs, or any other expense incurred in the conduct of elections on approval of such funding by a two-thirds majority vote of all members of the State Board of Elections or the local governing body.

Paul E. KrizekDemocrat

Civil actions filed on behalf of multiple persons; class actions.

Civil actions filed on behalf of multiple persons; class actions; violations of Virginia Consumer Protection Act; award of damages. Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action, provided that (i) the class is so numerous that joinder of all members is impracticable, (ii) there are questions of law or fact common to the class, (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill also applies the procedure by which an individual may be awarded damages in an action for a violation of the Virginia Consumer Protection Act to a class action. Finally, the bill permits the Court of Appeals to permit an appeal to be taken from an order certifying a class in accordance with the provisions of the bill or any other order that is not a final order of the circuit court in a class action. The bill has a delayed effective date of January 1, 2027. This bill is identical to SB 229.

Marcus B. SimonDemocrat

Prescription Drug Affordability Board; established.

Prescription Drug Affordability Advisory Panel established; maximum fair price; annual reports; civil penalties. Directs the Secretary of Health and Human Resources to establish the Prescription Drug Affordability Advisory Panel to conduct data analyses, develop policy recommendations, and identify implementation barriers related to strategies to improve prescription drug affordability, enhance price transparency, and strengthen data collection practices for prescription drugs across public and private payers. The bill requires the Panel to (i) report annually on prescription drug pricing trends and any policy recommendations on legislation to improve prescription drug affordability and (ii) provide quarterly updates on prescription drug pricing trends. The bill requires each pharmacy benefits manager to provide to the Panel, upon request, certain information relating to the dispensation of a referenced drug, as defined in the bill.The bill prohibits prescription drug manufacturers or wholesale distributors permitted or licensed in the Commonwealth from accepting payment at an amount higher than the maximum fair price established by the U.S. Secretary of Health and Human Services pursuant to federal law for the sale of a referenced drug intended for use by individuals in the Commonwealth. Under the bill, an entity that violates such prohibition is subject to a civil penalty of $10,000 per violation. The bill also prohibits a manufacturer subject to its provisions from removing a referenced drug from sale distribution in the Commonwealth for the purpose of avoiding the impact of the bill's rate limitations without providing certain prior notice. Under the bill, a manufacturer that violates such prohibition on removing a referenced drug without the required notice is subject to a civil penalty equal to the greater of $100,000 or the total amount of annual savings for the referenced drug, as determined by the Board of Pharmacy. This bill is identical to SB 271.

Karrie K. DelaneyDemocrat

Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.

Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to SB 335.

Vivian E. WattsDemocrat

Voter registration; cancellation of registration, sources of data.

Voter registration; cancellation of registration, sources of data. Requires that, except on the basis of (i) a written request from the voter to have his registration cancelled or (ii) a certified or authenticated copy of a death certificate purporting to be issued by a governmental official or agency, the general registrar may not cancel the registration of any voter based on data or reports provided to him by any source other than the Department of Elections or a state agency approved to provide such data or reports by the State Board of Elections. The bill also reinstates a provision prohibiting the general registrar from cancelling the registration of (a) certain members of the uniformed service of the United States who are on active duty, (b) certain persons who reside temporarily outside of the United States, or (c) any spouse or dependent residing with such persons.

Amy J. LauferDemocrat

Small SWaM Business Procurement Enhancement Program; established, report.

Department of Small Business and Supplier Diversity; Small SWaM Business Procurement Enhancement Program established. Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business, as such term is defined in the bill, utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. The bill provides that executive branch agencies and covered institutions are required to increase their small SWaM business utilization rates by three percent per year until reaching the 42-percent target or, if unable to do so, to implement achievable goals to increase their utilization rates. In addition, the bill provides for a small SWaM business set-aside for executive branch agency and covered institution purchases of goods, services, and construction, requiring that purchases between $10,000 and $200,000 be set aside for award to certified small SWaM businesses, and a microbusiness set-aside for such purchases, requiring that such purchases up to $10,000 be set aside for award to microbusinesses.The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, the State Council of Higher Education for Virginia, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, minority-owned businesses, and service disabled veteran-owned businesses in the Commonwealth.Finally, the bill requires the Director of the Department of Small Business and Supplier Diversity to conduct, or contract with an independent entity to conduct, a disparity study every five years, with the next disparity study due no later than January 1, 2031. The bill specifies that such study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses.

Jeion A. WardDemocrat

Enforcement of vehicle liens; increases property value.

Enforcement of vehicle liens; property value. Increases from $12,500 to $17,000 the maximum value of property that may be sold at public auction to satisfy a lien on a motor vehicle without petitioning for a court order for the sale of such property. This bill is identical to SB 17.

Bill WileyRepublican

Possession of residue of a controlled substance unlawful; penalties exceptions.

Possession of an item containing residue of a controlled substance; penalty. Creates the offense of possession of residue of a controlled substance with a tiered system of punishment. Currently, possession of any amount of a controlled substance has a tiered system of punishment as if there is a usable amount of such controlled substance.

Katrina CallsenDemocrat

Mattress Stewardship Program; established, definitions, report.

Mattress Stewardship Program established; report. Establishes the Mattress Stewardship Program that allows certain industry associations to administer the Program as a mattress recycling organization with the approval and certification from the Department of Environmental Quality. The bill requires certain producers, retailers, and renovators of mattresses to register with a certified mattress recycling organization and requires a producer to identify each mattress brand it sells or offers for sale in the Commonwealth on or before June 1, 2027. Prior to the Program going into effect, the bill requires a mattress recycling organization to submit a plan with certain criteria relating to the collection and recycling of mattresses and the implementation of the Program. The bill establishes annual reporting requirements for the mattress recycling organization. Finally, the bill establishes the powers and duties of the Department as they relate to the bill.

Amy J. LauferDemocrat