Del. Kathy Tran

Severe Maternal Morbidity Surveillance and Review Program established; duties; report. Creates the Severe Maternal Morbidity Surveillance and Review Program (SMM Program) to identify, analyze, and review instances of severe maternal morbidity. The bill directs the Department of Health to develop a reporting system for hospitals and freestanding birthing centers to report findings and recommendations, as well as a model protocol for conducting reviews of severe maternal morbidity. The bill requires all hospitals and freestanding birthing centers to participate in the SMM Program and report their findings and recommendations to the Department of Health on an annual basis. The bill has a delayed effective date of September 1, 2026.

School nurses; sickle cell disease training. Directs local school divisions to require school nurses to complete, within six months of employment and at least every three years thereafter, an online or in-person course of instruction approved by the Board in collaboration with the Department of Health regarding recognition and management of sickle cell disease. This bill is identical to SB 822.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. The bill also provides for the manner of appointing electors when such agreement does and does not govern the appointment of electors. This bill is identical to SB 322.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to SB 378.

Land development; solar canopies in parking areas. Provides that any locality may include in its land development ordinances a provision that requires that an applicant must install a solar canopy over designated surface parking areas. Such provisions shall apply only to nonresidential parking areas with 100 or more new off-street contiguous parking spaces and may require coverage of up to 50 percent of the surface parking area. The bill provides that an ordinance adopted pursuant to this bill shall be subject to various additional requirements and shall allow for deviations, in whole or in part, from the requirements of the ordinance when its strict application would prevent the development of uses and densities otherwise allowed by the locality's zoning or development ordinance or when a property owner shows that the solar canopy, if installed as otherwise required under the ordinance, will generate less than 75 percent of the electricity that would be expected, given the nameplate capacity of the solar modules installed on such canopy, if the canopy were to be installed at another location in the locality without surrounding impediments to insolation such as buildings or shading vegetation. Finally, the bill provides that the applicant or owner may use the electric energy generated from such solar canopy to offset the consumption of the parking lot or adjoining building served under the same account. The bill has a delayed effective date of July 1, 2027. This bill incorporates HB 457 and is identical to SB 26.

TPA-certified optometrists; sale and dispensation of Schedule VI controlled substances; requirements. Permits TPA-certified optometrists to sell and dispense Schedule VI controlled substances to their own patients provided that they obtain a license to do so from the Board of Pharmacy and comply with requirements related to dispensation, storage, packaging, labeling, recordkeeping, and reporting of the controlled substances sold and dispensed. The bill permits the Board of Optometry and the Board of Pharmacy to adopt regulations to implement the provisions of the bill and establish a limited-use license for TPA-certified optometrists pursuant to the bill. The bill exempts such initial regulations from the APA requirements. This bill is identical to SB 212.

Elections; Voting Rights Act of Virginia. Revises provisions of the Voting Rights Act of Virginia (the Act) by (i) clarifying the legal standards for evaluating claims of alleged voter suppression and vote dilution, (ii) providing guidance to the courts to follow when determining whether a violation of the prohibition against voter suppression or vote dilution has occurred, and (iii) outlining the factors that the courts are permitted to consider and those factors that the courts are prohibited from considering. The bill expands the class of persons who may initiate a cause of action for an alleged violation of the Act to include organizations whose membership includes members of a protected class, organizations whose mission would be frustrated by a violation of the Act, and organizations that would expend resources in order to fulfill their mission as a result of a violation of the Act. The population thresholds for a locality to be designated as a covered locality for purposes of minority language accessibility pursuant to the Act are also amended. Current law designates a locality as a covered locality if, in the locality, (a) more than five percent of the voting age population or (b) more than 10,000 of the voting age population are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; the bill reduces those thresholds from five to three percent and from 10,000 to 5,000. The bill contains technical amendments for organizational purposes.

Exemptions from garnishment; minimum protected account balance; certain benefit payments; procedure for financial institutions. Requires certain financial institutions to automatically exempt from garnishment (i) a minimum protected account balance, defined in the bill as the combined total of not more than $1,000 in a judgment debtor's account or across multiple accounts in the same financial institution, and (ii) a protected amount of certain benefit payments, defined in the bill, that have been deposited into the account via direct deposit or electronic deposit within the two months immediately preceding the day before a financial institution commences an account review. The bill describes an account review as a process of examining an account of a judgment conducted by a financial institution upon such financial institution's receipt of a garnishment summons to determine if any eligible benefit payments have been deposited within the applicable time period and, if so, to calculate the total sum of such benefit payments and establish the total as a protected amount that shall be automatically exempt from garnishment. The bill provides that such procedure to automatically exempt such funds shall not apply if the debt arises from a child support or spousal support obligation or if an exemption is otherwise prohibited by law.The bill further provides that a judgment debtor is not required to claim nor request a hearing for such automatic exemptions. Finally, the bill makes updates to the relevant provisions governing garnishment proceedings, notices to the garnishee and judgment debtor, and the form of a garnishment summons consistent with the provisions of the bill. This bill is identical to SB 301.

Virginia Residential Landlord and Tenant Act; civil action for unlawful detainer; termination notice; energy submetering equipment. Provides that no landlord shall file or maintain an action for unlawful detainer against a residential tenant for any alleged lease violation until the landlord has provided the tenant with a proper and effective termination notice and that no notice of termination of tenancy for nonpayment of rent pursuant to the Virginia Residential Landlord and Tenant Act shall be effective unless such notice contains a written statement of charges and payments over the course of the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages as contracted for in the rental agreement that are due and owing. The bill requires such notice to also include debits and credits incurred by the tenant for energy and utility bills and any additional charges permitted as applicable. The bill also requires the owner of any residential building to maintain adequate records indicating how monthly energy and utility billing fees are calculated and including a history of billing fee payments for each tenant over the duration of the tenancy or the past 12 months, whichever is shorter. Such records shall be made available to the tenant upon request. Finally, the bill removes a provision allowing for the collection of fees when a tenant requests such records. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 294.

Elections; absentee and provisional ballots; cure process. Requires that, if the electoral board determines that any person having submitted a provisional vote was not entitled to vote as a result of a material error or omission on the provisional ballot form, the registrar is required to promptly notify the voter by telephone or email of the error or omission and to provide information to the voter on how to correct the issue so his ballot may be counted. The voter is entitled to make such necessary corrections before noon on the Monday after the election. The bill moves the deadline for curing errors or omissions in absentee ballot applications from noon on the third day after the election to noon on the Monday after the election. The bill also requries the Department of Elections to issue guidance to local election officials on the uniform processing and counting of provisional ballots, including any provisional ballot cast by a person submitting a registration application on the same day as the election.