Virginia

Department of Medical Assistance Services; Medicaid waivers; consumer-directed services; employer of record. Directs the Department of Medical Assistance Services (DMAS) to modify the program rules for consumer-directed services available through certain Medicaid waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. The bill specifies that when an individual (i) has not yet reached the age of majority, (ii) is ineligible to use his existing employer identification number (EIN) to facilitate the taxation of benefits, or (iii) is otherwise determined to be ineligible by DMAS by administrative rule, the EIN shall be assigned to the individual receiving services and shall not be transferred to another individual. Under the bill, DMAS has the authority to limit such amendments to specify that an individual receiving services may make such designation no more than twice per calendar year.

Teacher licensure; technical professional license; curriculum and instruction coursework; comprehensive community colleges. Permits any individual seeking a technical professional license to complete any required coursework in curriculum and instruction at any comprehensive community college in the Commonwealth that offers such coursework, regardless of whether such coursework is offered on a for-credit basis or as part of a noncredit workforce credential.

Oral threat to kill or to do bodily harm; employees of local or state department of social services; penalty. Creates a Class 1 misdemeanor for any person who orally makes a threat to kill or do bodily injury to any employee the Department of Social Services or a local department of social services, as those terms as defined in relevant law, who is engaged in the performance of his duties.

State Board for Community Colleges; powers; Laurel Ridge Community College; acquisition and improvement of certain property; authorization. Authorizes the State Board of Community Colleges to acquire, by purchase, certain real property and improvements located adjacent to the Laurel Ridge Community College Campus and to execute and deliver such deeds, agreements, plats, and other instruments as necessary to carry out such acquisition in accordance with the provisions of the bill.

Health carriers; use of artificial intelligence; disclosures. Requires health carriers to disclose to the State Corporation Commission's Bureau of Insurance how artificial intelligence is used to manage claims coverage and to submit all information enabling decisions made by artificial intelligence to the Bureau upon request. The bill also requires health carriers to provide notice to enrollees and health care providers when artificial intelligence has been used to issue an adverse determination and to provide a clear and timely process for appeal of such determination.

Department of Medical Assistance Services; Medicaid estate recoveries. Directs the Department of Medical Assistance Services (the Department) to limit the operation of its estate recovery program to the recovery of only federally required costs. The bill directs the Department to make information on estate recovery available on its website in multiple languages. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

Department of Education; English language learner students; expenditures; data collection; report. Requires the Department of Education, in consultation with each school board, to annually collect, maintain, post publicly and conspicuously on its website, and report no later than November 1 to the Board of Education, the Governor, and the General Assembly data on expenditures for the education of English language learner students in each local school division. The bill requires such data to be disaggregated by school level, grade level, and student English proficiency level.

Department of Juvenile Justice; transfer of responsibility from Secretary of Public Safety and Homeland Security to Secretary of Health and Human Resources; stakeholder work group. Directs the Office of the Secretary of Public Safety and Homeland Security and the Office of the Secretary of Health and Human Resources to convene a stakeholder work group to create a plan and recommended timeline for transferring responsibility for the Department of Juvenile Justice from the Secretary of Public Safety and Homeland Security to the Secretary of Health and Human Resources. The bill requires the work group to be composed of interested parties, including representatives from civil liberty organizations, organizations engaged in the daily work of youth justice and violence prevention, formerly incarcerated persons and their families, and mental health experts. The bill directs the work group to submit its plan and recommended timeline for executing the transfer to the Chairs of the House Committee for Courts of Justice, House Committee on Public Safety, Senate Committee for Courts of Justice, and Senate Committee on Rehabilitation and Social Services by November 1, 2026.

Malicious bodily injury to correctional officers; penalties. Provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.

Military leaves of absence for employees of the Commonwealth or political subdivisions; law-enforcement officers. Provides that any person who is employed by the Commonwealth or a political subdivision of the Commonwealth as a law-enforcement officer shall receive paid leaves of absence for up to 388 hours for which a leave of absence is required, during which such person is engaged in federally funded military duty, to include training duty, or is called forth by the Governor for military duty.

Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings in jurisdictions having a public defender office, including (i) the appointment of counsel for the accused and (ii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing. The bill also allows a jurisdiction that does not have a public defender office establish to implement such provisions. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.

Civil actions; assignment as business litigation action; requirements. Allows counsel for any party or the judge of the circuit court initially assigned to certain civil actions to request to have such action assigned by the Chief Justice of the Supreme Court of Virginia to have such civil action assigned as a business litigation action. The bill provides that an action to be eligible to be considered a business litigation action, the action shall (i) have a minimum amount in controversy of $1,000,000, (ii) present special complexity, including specialized issues or acute litigation management needs, and (iii) fall into one or more of several enumerated categories of civil actions. The bill has a delayed effective date of July 1, 2027.

Department of Veterans Services; benefit awareness and access; program. Establishes an outreach program to ensure military service members transitioning from military to civilian life, veterans, members of the Virginia National Guard, residents of the Commonwealth in the Armed Forces Reserves, and their family members can easily access federal, state, and local benefits and other programs and services available to them. The bill requires the outcomes of such program to be published in the annual report submitted to the Secretary of Veterans and Defense Affairs, the Governor, and the General Assembly.

Unemployment benefits; maximum duration. Provides that, beginning July 1, 2026, for claims effective on or after July 1, 2026, an eligible individual's weekly unemployment compensation benefit amount shall be paid for a maximum duration of 26 weeks.

Motor vehicle collisions; preservation and collection of certain mobile telephone data; collision reports. Allows an attorney who has certified that he represents a party involved in a motor vehicle collision to request in writing that the mobile telephone provider of another party alleged to have caused or contributed to the cause of such collision preserve for a period of 180 days from the date of such preservation request certain information related to such other party's mobile telephone. In addition, the bill requires any collision report filed as a result of such collision to include the mobile telephone number, mobile telephone provider, and International Mobile Equipment Identity (IMEI) number for any driver involved in a motor vehicle collision. The bill also creates a rebuttable presumption of spoliation of evidence where a person refuses to provide such information to a law-enforcement officer for such collision report and where such refusal materially prevents another person involved in such collision from showing liability for the collision.

Virginia Freedom of Information Act; proceedings for enforcement; petition for mandamus or injunction. Specifies that service of process or a summons for a hearing shall not be required when a petition for mandamus or injunction to enforce rights granted under the Virginia Freedom of Information Act has been filed.

Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances. The bill directs the Program to send a text message notification to any defendant with a criminal case in general district court or circuit court for whom the court has a telephone number prior to any scheduled hearing that requires his appearance and allows a defendant to opt out of participating in the Program. The Program has a delayed effective date of July 1, 2027.The bill also directs the Executive Secretary of the Supreme Court to convene a Court Date Reminder Program work group to advise on the implementation and expansion of the Program and submit a report of its findings and recommendations to the Supreme Court of Virginia and the Chairs of the House and Senate Committees for Courts of Justice by December 1, 2026.

Department of Conservation and Recreation; permanent land conservation feasibility; report. Directs the Department of Conservation and Recreation to assess how best to achieve permanent conservation by 2036 of (i) 20 percent of the land area of the Commonwealth and (ii) 10 percent of urban areas of the Commonwealth. The bill directs the Department to submit a report on its findings and any recommendations to achieve such permanent conservation goals to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than November 1, 2026.

State Corporation Commission; electric utility infrastructure; report. Directs the Department of Energy (the Department) and the State Corporation Commission (the Commission) to conduct a comprehensive analysis of existing electric utility infrastructure to identify cost-saving opportunities that improve or preserve electric system reliability as an alternative or supplement to greenfield infrastructure projects. The bill requires the Department and the Commission to complete their analysis and submit a report to the General Assembly no later than July 1, 2027.

Corporate income tax; taxable income; net operating loss. Provides that, beginning in taxable year 2027, for purposes of calculating the Virginia taxable income of corporations, federal income means any income taxable to the corporation under federal law for such year excluding net operating loss deductions under federal tax law. The bill also creates a Virginia corporate income tax net operating loss deduction, beginning in taxable year 2027, in an amount equal to the aggregate Virginia net operating losses for such taxable year, plus any transitional net operating loss deduction, pursuant to a calculation in the bill, and subject to certain other adjustments in the bill. The bill also prohibits a corporation's Virginia taxable income, after all other adjustments, allocation, and apportionment, from being reduced below zero by a Virginia net operating loss deduction. The bill also includes particular procedures for corporate income tax returns prepared on a consolidated or a combined basis. Finally, the bill directs the Department of Taxation to issue preliminary guidelines implementing the provisions of the bill and to cooperate with and seek counsel from interested stakeholders before issuing its final guidelines. The bill has a delayed effective date of January 1, 2027.

Official emblems and designations; state snack; peanut. Designates the peanut as the official state snack.

State correctional facilities; participation of prisoners in employment and educational programs; reentry planning. Expands the program assignments in which the Director of the Department of Corrections may place a prisoner while such prisoner is confined in a state correctional facility. The bill requires the Director to place a prisoner in an appropriate program assignment within (i) 90 days of the arrival of a prisoner sentenced to a new term of confinement to a state correctional facility or (ii) 60 days of a prisoner already in custody being transferred to a new state correctional facility and provides that participation in such program assignments shall be for an average of 30 hours per week, calculated individually across the calendar year. Finally, the bill expands upon the requirements for a prisoner's reentry plan, including requiring an assessment, if necessary, of a prisoner's readiness to take a high school equivalency test and any modifications needed for the prisoner to take or improve upon such test, and making available peer and group educational programs developed and led by qualified prisoners.

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, 0.0125 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.

Employee protections; wage and hour, health and safety, and mining safety provisions; federal rules. Requires that, if a federal wage or hour law, federal occupational health and safety law, or federal mine safety law is repealed, revoked, amended, or reinterpreted in any manner that results in the federal protections becoming less stringent or effective, the Commissioner, the Safety and Health Codes Board, or the Department of Energy, respectively, shall promulgate regulations that incorporate the federal law as it existed prior to being repealed, revoked, amended, or newly interpreted.