Virginia

Civil action for deprivation of rights; liability of persons acting under color of law. Creates a state civil cause of action for violations of rights guaranteed by the constitutions or laws of the United States and the Commonwealth. The bill provides that a person acting under color of law who deprives an individual of such rights and any supervisor of such person who is responsible for directing or overseeing such person's conduct shall be liable to such individual for compensatory damages, punitive damages, equitable relief, and reasonable attorney fees and costs.

Health care providers; required estimate for nonemergency health care services. Requires health care providers to provide a good faith estimate of the payment amount for which the patient will be responsible for such nonemergency health care service, including any fees or other charges for an item or service the patient may reasonably be expected to receive in connection with the nonemergency health care service. The bill requires the good faith estimate to include (i) description of the scheduled nonemergency health care service, (ii) the provider's standard charge for the service and any related item or service, (iii) the provider's standard charges and any contracted rates known at the time the estimate is prepared, and (iv) a statement that the estimate is not binding and the actual amount billed may differ depending on changes in the scope of services or the health carrier's processing of the claim.

Assault and battery; serious bodily injury; penalty. Creates a Class 6 felony for any person who commits an assault and battery that results in serious bodily injury, as defined in relevant law, but does not rise to the level of the current offenses of unlawful or malicious wounding. The bill adds such new offense to the list of violent felony offenses for the purposes of the discretionary sentencing guidelines.

Pari-mutuel wagering; historical horse racing; percentage retained for distribution. Provides that with respect to all authorized historical horse racing terminals, of the amount that a horse racing licensee retains from wagering on historical horse racing pools and in addition to the current distribution required under law, 0.025 percent each shall be distributed to the Shenandoah County Agricultural Foundation and the Great Meadow Foundation to support the promotion, education, maintenance, and safety of horse racing at such facilities. The bill also increases the distribution percentage provided from the amount that a horse racing licensee retains from wagering on historical horse racing pools to the Problem Gambling Treatment and Support Fund from 0.01 percent to 0.025 percent.

Uniform Power of Attorney Act; acknowledged power of attorney; definition. Amends the definition of "acknowledged" as it relates to a power of attorney under the Uniform Power of Attorney Act to mean purportedly verified before a notary public or other individual authorized to take acknowledgements. Under current law, "acknowledged" as it relates to a power of attorney under the Act means verified before a notary public or other individual authorized to take acknowledgements. The bill further eliminates the provisions of the Act prohibiting a person relying in good faith upon an acknowledged power of attorney that is invalid when such power of attorney contains a forged signature of a principal.

Income tax subtraction; broadband grant fund awards. Establishes an individual and corporate income tax subtraction for any amount of public grant awards received in the taxable year for the exclusive purpose of planning, constructing, expanding, or improving upon broadband infrastructure and services in the Commonwealth beginning in taxable year 2026.

Solar energy facilities; prevailing wage and apprenticeship requirements; state and local tax exemption; report; civil penalties. Requires each solar developer, including its contractors and subcontractors, to ensure payment at the prevailing wage rate set by the Department of Labor and Industry for any mechanic, laborer, or worker employed, retained, or otherwise hired to perform construction, maintenance, or repair work for certain electricity generating sources. The bill requires each solar developer to (i) ensure that a percentage of the total labor hours of such work is performed by qualified apprentices and (ii) employ at least one qualified apprentice if four or more individuals are employed to perform such work. Under the bill, a solar developer that fails to meet the requirements of its provisions is required to make penalty payments to the Commissioner of Labor and Industry. Additionally, the bill provides that any certified solar generation facility, as defined in the bill, is declared a separate class of property and shall be classified for local taxation separately from other classifications of real or personal property. Such facilities shall be wholly exempt from state and local taxation under the Constitution of Virginia.

Department of Behavioral Health and Developmental Services; Early Intervention Program for Infants and Toddlers with Disabilities; program extension. Directs the Department of Behavioral Health and Developmental Services to take all steps necessary to implement the federal extension option for the federal Early Intervention Program for Infants and Toddlers with Disabilities to allow children five years of age or younger to receive services through such program.

Emergency custody orders; transportation to treatment center or to residence of the person subject to emergency custody order. Provides that transportation provided pursuant to an emergency custody order shall include, upon completion of emergency medical evaluation or treatment, transportation to an approved treatment center or to the residence of the person subject to the emergency custody order.

Parole; eligibility; youthful offenders. Expands the eligibility requirements for juvenile parole to include (i) any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence and (ii) any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence. Under current law, only a person who was a juvenile when he committed any such offense is eligible for juvenile parole.

Department of Behavioral Health and Developmental Services; Early Childhood Mental Health Consultation Program established; pilot programs; development of modules; report. Establishes the Early Childhood Mental Health Consultation Program, to be administered by the Department of Behavioral Health and Developmental Services (the Department) in coordination with the Department of Education and the Department of Health, for the purpose of providing and expanding the accessibility of early childhood mental health consultation services, as that term is defined in the bill. The bill requires, pursuant to the Program, early childhood mental health consultation services shall be provided to families of children three through five years of age who exhibit developmental delays and behavioral health concerns and to early childhood care and education programs as enumerated in the bill. The bill requires the Department, in administering the Program, to (i) develop, or contract with community services boards to develop, and make available to early childhood care and education programs and providers developmental readiness modules, in accordance with the requirements of the bill; (ii) designate three pilot regions for initial implementation of the Program, with implementation beginning no later than January 1, 2027; and (iii) submit to the Governor and the General Assembly by November 1 of each year a report on the implementation and outcomes of the Program for each pilot region selected for initial implementation. The provisions of the bill relating to initial implementation of the Program in the pilot regions shall expire on July 1, 2029.

Local prohibition or regulation of gas-powered leaf blowers; civil penalty. Provides that any locality with a population density of at least 2,500 persons per square mile may by ordinance prohibit or regulate the use of gas-powered leaf blowers. The bill provides that any such ordinance shall become enforceable not less than 12 months after the date it is enacted by the local governing body. The bill also provides that the ordinance may include provisions for a civil penalty and that the funds from such civil penalties may be used by the locality to assist with the purchase of nonprohibited leaf blowers by residents and local businesses.

Definitions; American Indians; Virginia recognized tribes; federally recognized tribes; sovereignty. Provides that the Commonwealth acknowledges the inherent sovereignty of federally recognized tribes within the present-day external boundaries of the Commonwealth. The bill also establishes definitions for "American Indian," "federally recognized tribe," and "Virginia recognized tribe" and amends various sections throughout the Code for the purpose of uniformity in terminology. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Police Chief Bill of Rights. Creates independent protections and procedures for certain chiefs of police, defined in the bill, by requiring a showing of just cause when a chief of police is proposed for removal from office. The bill requires that a police chief be given written notice of the specific grounds for his proposed removal and that such police chief be afforded an opportunity to be heard in his own defense, personally and with counsel, before an impartial hearing panel.

Juvenile secure detention facilities; placement of juveniles referred from another locality; high-needs or high-risk juveniles; funding. Requires the statewide plan developed by the Department of Juvenile Justice (the Department) for the establishment and maintenance of a range of institutional and community-based, diversion, predispositional and postdispositional services to be reasonably accessible to each court to include (i) a plan for juvenile secure detention facilities in the Commonwealth, which shall designate the total number of facilities to be in operation in the Commonwealth, the location of each facility, the localities each facility shall serve, and the number of beds required for each facility and (ii) procedures for determining the appropriate placement of juveniles pursuant to the plan. The bill provides that the Department may reduce or cease the apportionment of any state funds to any localities or commissions that choose not to participate in the plan for juvenile secure detention facilities in the Commonwealth included in the statewide plan as required by this section. The bill also allows the Department to designate up to three juvenile secure detention facilities to provide additional support and services to juveniles identified as high-needs or high-risk. The bill requires any locality or commission operating a juvenile secure detention facility that receives state funds to accept the placement of any juvenile referred from another locality, unless accepting placement of such juvenile is not feasible due to security concerns or exigent circumstances related to staffing or other operational factors. The bill also provides that if any locality or commission refuses to accept the placement of any such juvenile, the Department may cease the apportionment of any funds to the locality or commission, including any funds for facility operations and education programs. The bill also provides that when a locality or commission operating a juvenile secure detention facility accepts the placement of a juvenile referred from another locality, (a) any medical expenses incurred on behalf of such juvenile shall be borne by the locality from which the juvenile was referred, unless otherwise agreed to by the locality referring such juvenile and the locality or commission accepting such juvenile; (b) if an employee of the juvenile secure detention facility is injured in the course of his employment by any such juvenile, the locality from which such juvenile was referred shall be considered the employer for the purposes of the Virginia Workers' Compensation Act; (c) any sheriff's departments that are impacted by additional travel requirements related to transporting juveniles shall be compensated to the extent practicable from identified savings; and (d) the locality referring such juvenile and the locality or commission accepting such juvenile shall negotiate in good faith to arrive at mutually agreeable funding contributions. The bill provides that if the localities or commissions are unable to reach an agreement on the funding contributions required by clause (d), then the Department shall determine the funding contributions and that failure of any locality or commission to comply with such funding contributions may result in the loss or reduction of the apportionment of any funds to the locality or commission, including any funds for facility operations and education programs.

Contesting local governing body or board of zoning appeals land use decisions; third-party standing requirements. Creates standing for any person who does not have an ownership interest in the property that is the direct subject of a local governing body or board of zoning appeals action if such person has alleged with particularity and proven by clear and convincing evidence that he (i) has an immediate, pecuniary, and substantial interest in the litigation, and not a remote or indirect interest; (ii) owns or occupies real property within or in close proximity to the property that is the subject of the land use determination; and (iii) has suffered (a) a particularized harm to a personal or property right, legal or equitable, or (b) an imposition of a burden or obligation different from that suffered by the general public. The bill clarifies that such standing requirements do not apply to any person who has an ownership interest in the property that is the direct subject of the decision of the local governing body or the board of zoning appeals.

Virginia Public-Private Safety Communications Infrastructure Fund established. Establishes the Virginia Public-Private Safety Communications Infrastructure Fund, to be managed by the Department of Criminal Justice Services, for the purpose of making loans and awarding grants to local governments for the purpose of assisting with improvement projects relating to public safety radio and communications infrastructure.

Virginia Freedom of Information Act; definitions; meetings; quorum and electronic communication. Amends the definition of "meeting" for purposes of the Virginia Freedom of Information Act such that any assemblage of a quorum of the constituent membership of a public body constitutes a meeting. Under current law, as many as three members or a quorum, if less than three, of the constituent membership of a public body constitutes a meeting. The bill additionally authorizes members of a public body participating through electronic communication in a meeting in which other members are participating in person to count toward the quorum as if the individual were physically present, should such member's physical absence be due to an approved cause of absence.

Artificial Intelligence Chatbots Act established; prohibited practices; penalties. Creates the Artificial Intelligence Chatbots Act, which prohibits an operator from making a companion chatbot, as those terms are defined in the bill, available to a user in the Commonwealth unless the companion chatbot is incapable of certain actions specified in the bill. The bill also requires an operator of a companion chatbot to include a disclaimer to users of all ages that a companion chatbot is not a human via a static, persistent disclosure and notify a user via a pop-up that he is not engaging with a human counterpart at specified intervals. The bill makes it unlawful for any operator of a companion chatbot to operate or provide a companion chatbot to a user unless such companion chatbot contains a protocol to take reasonable efforts for detecting and addressing expressions of suicidal ideation or self-harm by a user to the companion chatbot. The bill also includes certain data privacy and transparency requirements. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Individual income tax; first-time homebuyer tax credit. Creates a one-time, nonrefundable individual income tax credit in taxable years 2026 through 2030 for expenses incurred by a first-time homebuyer for the purchase of direct ownership in residential real property in an amount equal to five percent of the purchase price value of such property detailed on the purchase agreement up to $10,000. The bill requires that any credits be repaid in the event that the residential real property for which first-time homebuyer expenses were incurred and such credit was claimed is sold within three years from the purchase date of such property.

Individual income tax; first-time homebuyer tax credit. Creates a one-time, nonrefundable individual income tax credit in taxable years 2026 through 2030 for the purchase of a principal residence by a first-time homebuyer, as such terms are defined in the bill, in an amount equal to $5,000. The bill requires that any credits be repaid if the principal residence is sold or no longer serves as the first-time homebuyer's principal residence within three years from the purchase date of such property.

School breakfast; availability at no cost to students. Requires each school board to require each public elementary and secondary school in the local school division to participate in the federal National School Lunch Program and the federal School Breakfast Program administered by the U.S. Department of Agriculture and to make breakfast available to any student who requests such a meal at no cost to the student, unless the student's parent has provided written permission to the school board to withhold such a meal from the student. The bill requires the Department of Education to reimburse each public elementary and secondary school for each school breakfast served to a student, with a maximum of one breakfast per student per school day, and provides the formula for determining the state reimbursement rate for such meals. Finally, the bill repeals a provision of law relating to the federal School Breakfast Program that is rendered obsolete by the provisions of the bill.

Subdivision of property; sale and transfer. Provides that any subdivision created (i) 40 or more years prior to the sale or transfer of the subdivided residential property or (ii) 60 or more years prior to the sale or transfer of the subdivided commercial property and other nonresidential property shall be deemed to be lawful. Under current law, no person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded, unless the subdivision was lawfully created prior to the adoption of an applicable subdivision ordinance.

Special license plates in recognition of those lost or injured in military service; fees. Eliminates the annual registration fee and annual fee for one special license plate for any veteran who has been certified by the U.S. Department of Veterans Affairs as having a service-connected disability. Existing law authorizes the waiver of such fees for one special license plate for any disabled veteran who has either lost, or lost the use of, a leg, arm, or hand, is blind, or is permanently and totally disabled as certified by the U.S. Department of Veterans Affairs or his unremarried surviving spouse. The bill also exempts special license plates for immediate family members of persons who have died in military service to their country from the annual fee assessed for special license plates.