Virginia

Marine Resources Commission; Chesapeake Bay; diamondback terrapin protection areas; use of bycatch reduction devices on crab traps; penalty. Requires the Marine Resources Commission, in collaboration with the Crab Management Advisory Committee and the Virginia Institute of Marine Science, to develop and establish by December 1, 2027, diamondback terrapin protection areas in those portions of the Chesapeake Bay and its tributaries where interactions may occur between diamondback terrapins and any nets, traps, pots, or other fishing devices or gear. The bill directs the Commission to require by regulation bycatch reduction devices, as defined in the bill, on all recreational crab pots placed within any such diamondback terrapin protection area established by the Commission. A violation of such regulation is a Class 3 misdemeanor.

Possession or transportation of certain firearms by certain persons; penalty. Prohibits any person younger than 18 years of age from knowingly and intentionally possessing or transporting a handgun or assault firearm within the Commonwealth. The bill also prohibits any person younger than 21 years of age, with certain exceptions outlined in the bill, from purchasing a handgun or assault firearm in the Commonwealth. The bill provides that a violation of the provisions of the bill is a Class 1 misdemeanor. This bill incorporates SB 797. 

Virginia Lottery and Gaming Authority established. Establishes the Virginia Lottery and Gaming Authority to oversee and regulate all forms of legal gambling in the Commonwealth.  

Department of Education; review of high school student athlete eligibility requirements; report. Requires the Department of Education, in collaboration with the Executive Committee of the Virginia High School League (VHSL), to review and make recommendations on revisions to the residency requirements established by the VHSL for participation of high school student athletes in high school athletic teams for the purpose of ensuring such requirements are aligned, to the maximum extent practicable, with the residency requirements for the enrollment of students in public schools in the Commonwealth.

Autism Advisory Council; name change; membership; staffing; powers and duties. Provides for the Autism Advisory Council to be reconstituted as a permanent, independently staffed agency in the legislative branch of state government. Currently, the Autism Advisory Council is set to expire on July 1, 2027. The bill repeals the expiration date and renames the agency as the Autism Commission. The bill also modifies the membership of the Commission to more closely align with the membership makeup of other independently staffed legislative agencies and directs the Commission to appoint and employ an executive director and other staff to assist in carrying out the duties of the Commission.

Virginia Military Institute; board of visitors; membership. Makes several changes relating to the membership of the Virginia Military Institute Board of Visitors, including providing that, of the 16 members appointed by the Governor, (i) no more than eight shall be alumni of the Institute, (ii) at least six shall be nonalumni residents of the Commonwealth, and (iii) at least five shall have United States military experience, as defined in the bill. Current law provides that of the 16 members appointed by the Governor, (i) 12 shall be alumni of the Institute, of whom eight shall be residents of the Commonwealth and four shall be nonresidents, and (ii) four shall be nonalumni residents of the Commonwealth.

Charitable gaming; poker tournaments and events. Defines poker event for the purposes of charitable gaming to mean a Texas Hold'em poker game or Texas Hold'em poker tournament in which (i) a schedule of fixed and variable fees for entry into the poker event and the number of chips received for such fees is established and posted; (ii) chips with cash value are permitted to be used; (iii) games and tournaments may be run concurrently; (iv) no limit applies to how many poker events occur during the time listed on the permit for such poker event; and (v) a seating fee may be charged at a rate of up to $8 up to once every 30 minutes. The bill removes from the definition of Texas Hold'em poker tournament the requirement that running out of poker chips eliminates an individual from the competition and raises the participation age of poker events from 18 to 21 years of age. The bill prohibits unlimited rebuys after the first two hours of tournament play or until the first break with one add-on permitted at the end of the rebuy period. The bill requires any qualified organization that conducts any poker event to use at least 20 percent of its poker adjusted gross receipts, defined in the bill, from the conduct of Texas Hold'em poker tournaments for (a) those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized or (b) those expenses related to the acquisition, construction, maintenance, or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes. The bill also outlines certain specifics related to the conduct of poker events, including remuneration to operators and tips or gratuities paid to dealers and employees of such operators. Finally, the bill prohibits any qualified organization from permitting a Texas Hold’em poker game that is not a Texas Hold’em poker tournament to be conducted outside of its social quarters or from permitting participation in such game by any person who is not a bona fide member of the organization.

Virginia Residential Landlord and Tenant Act; landlord remedies; tenant's right of redemption; attorney fees. Limits attorney fees to $100 when, prior to the initial court date on an action for unlawful detainer, a tenant makes full payment of all money due for (i) rent as of the date of payment; (ii) any late fees authorized by law and the rental agreement; (iii) any damages; and (iv) court costs.

Early childhood care and education; Child Care Subsidy Program; income-based eligibility for assistance; development and implementation of phased reduction model; report. Requires the Department of Education to develop and implement a phased reduction model for the Child Care Subsidy Program (the Program) that provides for an assistance phase-out period during which the assistance for which a given family is eligible is reduced in proportion to increases in such family's income for the purpose of ensuring that no family receiving child care assistance under the Program experiences a sudden loss in eligibility for assistance as a result of an increase in family income. The bill requires the phased reduction model developed and implemented by the Department to consist of incremental income tiers, with each increase in income tier corresponding to a proportional reduction in the percentage of assistance for which a given family is eligible under the Program. The bill directs the Board of Education to (i) promulgate regulations for the development and implementation of the phased reduction model in accordance with the provisions of the bill and (ii) submit to the U.S. Department of Health and Human Services any amendments to the current Child Care and Development Fund Plan for Virginia as are necessary to implement the provisions of the bill. The bill requires the Department of Education to provide an interim report to the General Assembly by October 1, 2026, and annually thereafter, and a summative report to the General Assembly by April 1, 2027.

Protection of employees; retaliatory action against employee prohibited. Prohibits an employer from taking certain retaliatory actions against an employee because the employee or a person acting on the employee's behalf reports any information or allegation in good faith that, if true, amounts to a violation of any federal or state law or regulation to a supervisor, manager, officer, or other employee, or to any governmental body or law-enforcement official, including a report made in the ordinary course of the employee's employment, regardless of whether such report refers to a particular law or regulation. The bill prohibits an employer from (i) taking any action or including any policy in an employee handbook, employment contract, or separation agreement that impedes an employee from disclosing possible or actual illegal activity to the public, a governmental body, or his employer or (ii) taking any disciplinary action in retaliation against an employee for reporting to the public, a governmental body, or his employer any possible or actual violation of any federal or state law or regulation. This bill incorporates HB 722 and HB 1216.

Autism Advisory Council repealed; Autism Advisory Board established. Establishes the Autism Advisory Board (the Board) as an advisory board in the executive branch of state government with the purpose of advising the Governor, cabinet members, and the General Assembly on strategies to promote coordination of services and resources among agencies involved in the delivery of services to Virginians with autism spectrum disorders and to increase public awareness of such services and resources. The bill describes the membership, powers, and duties of the Board. The bill also repeals the Autism Advisory Council, currently set to expire on July 1, 2027.

Elections; political campaign advertisements; synthetic media; penalty. Prohibits electioneering communications containing synthetic media, as those terms are defined in the bill, from being published or broadcast without containing the following conspicuously displayed statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." The bill creates a civil penalty not to exceed $25,000 for a violation of such prohibition and a Class 1 misdemeanor for a willful violation. The bill permits any registered voter who receives an electioneering communication in violation of this requirement to institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communication, including an application for a permanent or temporary injunction.

Campaign finance; campaign contribution and expenditure limits; contingency. Establishes campaign contribution and expenditure limits for all persons and committees in the Commonwealth. The effectiveness of the provisions of the bill is contingent on certification by the Attorney General to the Code Commission that any such provision is reasonably probable to be upheld as constitutional due to (i) an opinion by the Supreme Court; (ii) The adoption of an amendment to the U.S. Constitution; or (iii) any other reason, to be specified in the certification. The bill also states that in the opinion of the General Assembly, the Supreme Court's decisions in Citizens United v. FEC, 558 US. 310 (2010), McCutcheon v FEC, 572 U.S. 185 (2014), and other related campaign finance cases were wrongly decided, that such decisions undermine the integrity of Virginia's democratic process by preventing reasonable limits on campaign contributions and expenditures, and that contribution and expenditure limits will enhance public trust in Virginia's electoral system, facilitate greater transparency, and ensure that elected officials remain accountable to all Virginians. The provisions of the bill establishing expenditure limits for candidates do not become effective unless reenacted by the 2027 Session of the General Assembly.

Restorative justice practices. Provides that participation in a restorative justice practice, as defined in the bill, shall not be used as evidence or as an admission of guilt, delinquency, or civil liability in current or subsequent legal proceedings against any participant. The bill also provides that restorative justice communications, defined in the bill, are not admissible in, or subject to discovery for, any legal proceeding, and disclosure of such communications shall not be compelled in any judicial or administrative proceeding, arbitration, or mediation. The bill prohibits any person involved in a restorative justice practice, as defined in the bill, from testifying about any phase of such practice in any judicial or administrative proceeding, arbitration, or mediation except in certain circumstances enumerated in the bill. Lastly, the bill provides civil immunity for any person, who in good faith, discloses any restorative justice communication based on his belief that such disclosure is allowed pursuant to such provisions, provided that such disclosure was limited to solely address any such allowable disclosure.

Alcoholic beverage control; government stores; distiller's licensees as agents of the Board; sale of alcoholic beverages. Allows certain holders of a distiller's license appointed as agents of the Board of Directors of the Virginia Alcoholic Beverage Authority to sell spirits, beer, wine, or cider for on-premises or off-premises consumption, provided that the spirits, beer, wine, or cider are manufactured within the same licensed premises or on contiguous premises of such agent licensed as a distillery, brewery, or winery. Under current law, such agents of the Board are permitted to give samples of such alcoholic beverages.The bill also increases the amount of spirits such distiller's licensees may give or sell to any person per day from three ounces to four and one-half ounces and requires such distiller's licensees to have food reasonably available at all times when spirits are served. The bill provides such food may be provided by food trucks, patrons providing their own food, or the agent of the Board and specifies that failure of such distiller's licensees to have food reasonably available may result in the Board's reconsideration of the agency agreement appointing such holder of a distiller's license or its officers and employees as agents of the Board.The bill requires the Authority to collect data regarding the compliance of distiller's licensees with the provisions of this bill and report such data to the Chairs of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2026 and again by November 1, 2027. The bill also requires the Authority to convene a stakeholders group to review the manufacturer event licenses and off-site sales privileges granted to manufacturing licensees and report its findings and any recommendations for statutory or regulatory changes to the Chairs of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services no later than December 1, 2026. The bill sunsets on July 1, 2028.

Labor and employment; payment of wages; minimum wage and overtime wages; misclassification of workers; prevailing wage rate; civil actions. Provides that an employer that violates provisions relating to minimum wage, overtime wages provisions, the misclassification of workers, or the prevailing wage rate is liable to the employee for the applicable remedies, damages, or other relief available in an action brought pursuant to the civil action provisions currently available for the nonpayment of wages. Such provisions currently available provide that an employee may bring an action in a court of competent jurisdiction to recover payment of the wages, and the court is required to award the wages owed, an additional equal amount as liquidated damages, plus prejudgment interest thereon, and reasonable attorney fees and costs. Under current law, if the court finds that the employer knowingly failed to pay wages to an employee, the court is required to award the employee an amount equal to triple the amount of wages due and reasonable attorney fees and costs.

Sale of retail tobacco products and hemp products intended for smoking to persons younger than 21 years of age; civil penalty paid to locality. Requires that any civil penalty imposed for selling a retail tobacco product or hemp product intended for smoking to persons younger than 21 years of age be deposited into the local treasury. Under current law, such civil penalty is paid into the state treasury.

Budget Bill. Amends and reenacts Chapter 725 of the Acts of Assembly of 2025, which appropriates the public revenues for two years ending, respectively, on June 30, 2025, and June 30, 2026.

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

Regulation and taxation of electronic gaming devices; penalties. Authorizes and specifies the licensing requirements for the manufacture, distribution, operation, hosting, and playing of electronic gaming devices, as defined in the bill, under the regulatory authority of the Virginia Lottery Board. The bill imposes a 30 percent tax on all gross profits from the play of such electronic gaming devices and provides for the use of such tax proceeds. The bill also imposes criminal and civil penalties for violations of the law and regulations related to electronic gaming devices.

Budget Bill. Provides for all appropriations of the Budget submitted by the Governor of Virginia in accordance with the provisions of § 2.2-1509 of the Code of Virginia, and provides a portion of revenues for the two years ending respectively on the thirtieth day of June 2027 and the thirtieth day of June 2028.

Virginia Lottery; casinos; internet gaming authorized; penalties. Authorizes internet gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill requires a casino gaming operator that intends to conduct internet gaming to submit a separate notice of intent to the Director of the Virginia Lottery for each internet gaming platform that it intends to offer accompanied by a $2 million platform fee that is to be deposited into the Internet Gaming Platform Fee Holding Fund for the purpose of funding start-up costs and other costs associated with the implementation and creation of a gaming commission. The bill permits the Board to issue an internet gaming operator license to a casino gaming operator that submits an application on forms approved by the Board, meets certain qualifications, and pays an initial licensing fee of $500,000. The tax rate is set at 20 percent of an internet gaming operator's adjusted gross internet gaming revenue with five percent allocated to the Problem Gambling Treatment and Support Fund, six percent allocated to the Internet Lottery Hold Harmless Fund until January 1, 2037 and the remaining 89 percent before January 1, 2037, and 95 percent after January 1, 2037, allocated to the general fund.

Virginia Lottery; casinos; internet gaming authorized; penalties. Authorizes internet gaming in the Commonwealth to be regulated by the Virginia Lottery Board. The bill permits the Board to issue an internet gaming operator license to a casino gaming operator that submits an application on forms approved by the Board, meets certain qualifications, and pays an initial licensing fee of $500,000. The tax rate is set at 20 percent of an internet gaming operator's adjusted gross internet gaming revenue with three percent allocated to the Gaming Regulatory Fund, two percent allocated to the Problem Gambling Treatment and Support Fund, and 95 percent allocated to the Modern Public Education Fund.

Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth from taking adverse action against a prospective tenant due to the prospective tenant's history of a dismissed or nonsuited unlawful detainer case. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $250, and (iii) reasonable attorney fees.

Qualifying localities; underground electric distribution and transmission improvements; levy on utility customers by ordinance. Authorizes a qualifying locality, defined in the bill, to enter into an agreement with an electric utility to place new or proposed underground electric distribution or transmission lines and facilities or to relocate or convert existing overhead electric distribution or transmission lines and facilities underground. The bill requires any such agreement to provide that the locality pay to the utility its full additional costs of placing new or proposed electric distribution or transmission lines in the qualifying locality or relocating and converting that portion of a line located in the county underground rather than overhead, minus the net of relocation credits.The bill also provides that the qualifying locality may impose an additional levy on electric utility customers, which (i) shall not exceed $1 per month on residential customers; (ii) shall not exceed $10 per month on nonresidential customers; (iii) may be fixed at any amount on nonresidential customers that are major commercial energy consumers, defined in the bill; and (iv) shall be collected by the utility on behalf of the locality.