Rep. Dan Helmer

Virginia Military Institute; task force. Establishes a task force to examine higher education at Virginia Military Institute (VMI). The bill directs the task force to determine VMI's responsiveness to the State Council of Higher Education for Virginia's 2021 report on the institution and to explore and recommend other changes to be made to distance VMI from the Lost Cause narrative, foster an inclusive environment, and address any other concerns raised by the task force. The task force is required to complete its meetings by November 30, 2026, and to report to the Governor and the General Assembly no later than the first day of the 2027 Regular Session of the General Assembly.

Siting of data centers; site assessment; high energy use facility. Provides that, prior to any approval of a rezoning application, special exception application, or special use permit for the siting of a new high energy use facility (HEUF), as defined in the bill, a locality shall require that an applicant perform and submit a site assessment to examine the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. The bill also allows a locality to require that a site assessment examine the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land. The provisions of the bill shall not apply to a site with an existing legislative or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility and such expansion does not exceed an additional 100 megawatts or more of electrical power. Finally, the bill provides that its provisions shall not be construed to prohibit, limit, or otherwise supersede existing local zoning authority. This bill incorporates HB 511 and is identical to SB 94.

Applications for concealed handgun permits. Allows for alternate methods of submission of applications for concealed handgun permits by removing the requirement that such applications be submitted in writing.

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and (vi) failing to set a wage or salary range in good faith. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill incorporates HB 1164 and is identical to SB 215.

Elections; general provisions; electoral board members to wear identification; civil penalty. Requires the Department of Elections to issue a standardized identification badge to the acting electoral board members of each locality. Electoral board members are required to wear such identification badge while conducting their official duties on the day of an election subject to a civil penalty in an amount not to exceed $1,000.

Public institutions of higher education; disciplinary immunity for certain individuals who make reports; Virginia Military Institute. Removes the authority granted to Virginia Military Institute to include in its sexual violence policy, code, rules, or set of standards a provision stipulating that in the event that a cadet discloses personal consumption of drugs or alcohol in conjunction with a good faith report of an act of sexual violence and the superintendent of Virginia Military Institute determines that such cadet's personal consumption of drugs or alcohol constitutes a threat to the cadet's well-being or the well-being of others, the superintendent may require such cadet to attend drug or substance use disorder counseling.

Department of Military Affairs; feasibility of Sexual Offense Prevention and Response Officer; report. Directs the Department of Military Affairs to assess the feasibility of and develop recommendations related to establishing a Sexual Offense Prevention and Response Officer position within the Sexual Offense Prevention and Response Program to perform victim advocacy services. The bill requires the Adjutant General to report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the Chairs of the House and Senate Committees for Courts of Justice no later than November 1, 2026.

Railroad safety; minimum train crew; movement of freight. Requires a crew of at least two qualified individuals on all trains, locomotives, or light engines used in connection with moving freight except in use for hostler or utility service. The bill requires the State Corporation Commission to include in an existing report the number of probable violations of federal regulations related to railroad safety investigated by the Commission's Division of Utility and Railroad Safety and reported to the Federal Railroad Administration for enforcement. This bill is identical to SB 191.

Retail franchise agreements; governing law; competition restrictions. Provides that retail franchise agreements shall be governed by the laws of the Commonwealth and prohibits any person from offering or entering into a franchise agreement that includes competition restrictions that extend beyond termination or expiration of the franchise agreement, except as a term of sale in the event that a franchisee sells a franchise to a third party or back to the franchisor. This bill is identical to SB 240.

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.