Blockchain and Cryptocurrency Commission established; report. Establishes the Blockchain and Cryptocurrency Commissionin the legislative branch of state government for the purpose of studying and making recommendations related to blockchain technologyand cryptocurrency and fostering the appropriate expansion of blockchaintechnology and the cryptocurrency industry in the Commonwealth. Thebill provides that the Commission shall consist of 15 members andthat meetings shall be held at the call of the chairman or whenevera majority of the members so request. The bill clarifies that appointmentsto the Commission are required to be made within 45 days of the effectivedate of the bill and that the chairman and vice-chairman of theCommission are required to meet with its members no later than 90days after the effective date of the bill. Additionally, the billdirects the Commission to submit an executive summary to the Governorand the General Assembly of its findings and recommendations no laterthan one year after all appointments to the Commission have beenmade and annually thereafter and to submit such executive summaryfor processing no later than the first day of the 2026 Regular Sessionof the General Assembly.
Uniform Commercial Code; amendments. Makes a number of amendments to the Uniform Commercial Code (UCC) as adopted in Virginia. The bill amends the definitions of "money" and "conspicuous" for purposes of the UCC and makes extensive amendments throughout provisions related to UCC Article 9 to accommodate emerging technologies. Such amendments include updating the traditional rules for attachment and perfection to apply to digital assets, such as controllable electronic records, and changes to several definitions, including "chattel paper," which is reconfigured to reflect the concept that chattel paper is a secured party's or lessor's right to payment that is secured by specific goods or owned by a lessee under an agreement that includes specific goods, if evidenced by a tangible or electronic record. Under current law, UCC Article 9 provides that perfection of money is through possession; however, since the definition of "money" is amended by this bill to include intangible assets, the amended provisions related to UCC Article 9 describe perfection by control, requiring the electronic money to either be in a deposit account or evidenced through a controllable electronic record. Further amendments to provisions related to UCC Article 9 include updates to governing law provisions for perfection and priority of security interests in chattel paper and in controllable electronic records, controllable accounts, and controllable payment intangibles.The bill includes amendments to provisions governing sales and leases to provide clarification regarding hybrid or bundled transactions and adds definitions for "hybrid transaction" and "hybrid lease." The bill provides the following approach to the application of provisions related to sales or leases in hybrid or bundled transactions: if the goods aspect of the hybrid transaction predominates, then the provisions that relate to sales or leases apply, but if other aspects predominate, then the provisions that relate primarily to the goods but not the transaction as a whole apply.The bill also adds a new title that parallels UCC Article 12, relating to controllable electronic records, as defined in the bill, and explaining the payment rights of a purchaser of an electronic record when such record is transferred. To fall within the scope of these provisions, the bill specifies that an electronic record must be controllable. The bill provides that to transfer the economic value associated with the controllable electronic record, or to receive the benefits associated with the controllable electronic record free of competing property interests, a person must have control of the controllable electronic record, which depends on requirements as described in the bill. The new title that parallels UCC Article 12 also describes qualifying purchasers of controllable electronic records, debtor security interests in relation to the person identified as in control of the controllable electronic record, and how to demonstrate control for purposes of priority and order of payment rights. These new provisions also include choice of law provisions to determine jurisdiction of a controllable electronic record.The bill includes a number of transition provisions to address perfection and priority issues that may arise after the effective date of the bill. Under the transition provisions of the bill, the Commonwealth may provide an adjustment date of one year after the effective date of the bill to allow persons with established perfection or priority to perfect their interests that may otherwise be affected or lost after the adjustment date based on the UCC amendments in the bill. Finally, the bill makes technical amendments throughout the UCC.As introduced, this bill was a recommendation of the Virginia Commissioners to the National Conference of Commissioners on Uniform State Laws. The bill has a delayed effective date of July 1, 2025.
Department of Health; emergency regulationsrelated to prescription drug price transparency; effective period; emergency. Directs that the emergency regulations 12VAC5-219,promulgated by the Department of Health pursuant to Chapter 304 ofthe Acts of Assembly of 2021, Special Session I, shall remain in effect until the promulgation of final regulations. The bill requiressuch effective period to be retroactive to January 1, 2024, and contains an emergency clause.
Eligibility for participation in community corrections alternative program; evaluation and diagnosis; referral to the Departmentof Corrections. Provides that a probation and parole officermay refer a defendant on probation to the Department of Correctionsfor evaluation and diagnosis to determine eligibility and suitabilityfor participation in the community corrections alternative programprior to the approval of the court. Under current law, such referralmay take place with the approval of the court. The bill also makestechnical amendments.
Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to SB 356.
Social Work Licensure Compact. Authorizes Virginia to become a signatory to the Social Work Licensure Compact. The Compact allows social workers who have or are eligible for an active, unencumbered license in the compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license that authorizes practice in all other compact member states. The Compact takes effect when it is enacted by a seventh member state. This bill is identical to SB 239.
Debtor interrogatories; fieri facias; against whom a summons shall be issued. Requires the clerk of the court from which a fieri facias is issued to issue a summons against any person known or reasonably suspected to be a debtor to, or bailee of, the execution debtor in order to ascertain the personal estate of a judgment debtor provided the judgment creditor or his attorney files an affidavit stating as such. Under current law, such clerk of the court shall issue a summons against any debtor to, or bailee of, the execution debtor. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
Tax assessment districts; petition by parcelowners. Changes the threshold for petitioning a city or townfor establishment of a tax assessment district from not less thanthree-fourths of the landowners affected to the owners of not lessthan three-fourths of the parcels affected.
Emergency custody and temporary detention orders; evaluations; presence of others. Requires (i) the evaluator conducting the evaluation of an individual to determine whether such individual meets the criteria for temporary detention or (ii) the hospital emergency department and treating physician or other health care provider designated by the physician, when providing services to an individual who is being evaluated to determine whether the individual meets the criteria for temporary detention, to allow the individual's family member or legal guardian who is present and who may provide support and supportive decision making to be present with the individual unless the individual objects or the evaluator or treating physician determines that their presence would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. This bill is identical to HB 1242.
Preliminary analysis of breath to determine alcoholic content of blood; failure to advise person of rights. Provides that if a police officer or a member of any sheriff's department fails to advise a person of his rights to refuse a preliminary breath test, any preliminary breath test sample shall not be admissible by the Commonwealth in any motion to suppress for the purpose of determining probable cause.
Commissioner of Behavioral Health and Developmental Services; inclusive housing plan; individuals with disabilities. Directs the Commissioner of Behavioral Health and Developmental Services (the Commissioner) to work with stakeholders to develop a plan to ensure that people with disabilities across the Commonwealth, including individuals affected by the Settlement Agreement entered into on August 23, 2012, pursuant to U.S. of America v. Commonwealth of Virginia, have an opportunity to access affordable and inclusive housing, as defined in the bill. The bill requires the Commissioner to present the plan to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2025.
Alert for missing or endangered children; Virginia Critical Operation for a Disappeared Child Initiative (Codi) Alert Program. Creates a program for local, regional, or statewide notification of a missing or endangered child. The bill defines a missing or endangered child as a child (i) who is 17 years of age or younger or is currently enrolled in a secondary school in the Commonwealth, regardless of age; (ii) whose whereabouts are unknown; and (iii) whose disappearance is under suspicious circumstances or poses a credible threat as determined by law enforcement to the safety and health of the child and under such other circumstances as deemed appropriate by the Virginia State Police. The bill requires the Virginia State Police to develop, in consultation with representatives of local law-enforcement agencies, including representatives from the Virginia Sheriffs' Association and the Virginia Association of Chiefs of Police, policies for the establishment of uniform standards for the creation of Codi Alert Programs throughout the Commonwealth. This bill is identical to SB 201.
