Del. Briana Sewell

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning April 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning April 1, 2028. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. This bill is identical to SB 2.

Small lot residential zoning districts. Requires any locality with a population of 50,000 or more to adopt, maintain, and apply to land within its boundaries at least one zoning district classification that permits a single-family dwelling on a lot with a minimum lot area not exceeding 3,000 square feet. The bill provides that such zoning district classifications shall not impose minimum lot widths exceeding 30 feet or setback, lot coverage, or density requirements that would preclude construction of eligible dwellings on conforming lots. The bill's provisions do not apply to areas within a historic district.

Department of Social Services; centralized intake system for reports or complaints of child abuse or neglect; response to complaints within 24 hours for children under three years of age. Establishes a centralized hotline for reports and complaints of child abuse or neglect. The bill requires the Department of Social Services to establish and maintain a hotline for reports and complaints of child abuse or neglect and specifies that the Department shall determine the validity of such reports and complaints. The bill eliminates the requirement that local departments must be capable of receiving and responding to reports and complaints of abuse or neglect and instead requires that any complaint of child abuse or neglect received by a local department shall be immediately forwarded to the Department's child abuse and neglect hotline. Such provisions of the bill have a delayed effective date of July 1, 2027. The bill also directs the Department of Social Services to (i) promulgate regulations necessary to implement the provisions of the bill by July 1, 2027, and (ii) contract with a third party by August 1, 2026, to conduct a comprehensive study and review of the screening process used for child protective services complaints across Virginia.

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.

Law-enforcement officers; restrictions on wearing of facial coverings; exceptions; penalty. Prohibits any law-enforcement officer, defined in the bill, from wearing a facial covering, defined in the bill, while engaged in the performance of his official duties. The bill sets out several exceptions to such prohibition, including protective facial coverings to protect against disease, infection, and exposure to toxic substances and facial coverings worn by any law-enforcement officer assigned to a special weapons and tactics team while engaged in the performance of his official duties with such team. The bill subjects the law-enforcement officer to disciplinary action, including dismissal, demotion, suspension, transfer, or decertification, and creates a Class 1 misdemeanor for any law-enforcement officer who wears a facial covering in violation of the provisions of the bill unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for and restrictions on the use of facial coverings. The bill also directs the Department of Criminal Justice Services to develop a model policy for and restrictions on the use of facial coverings by law-enforcement officers. This bill is identical to SB 352.

Employment; paid sick leave; civil penalties; civil actions. Requires one hour of paid sick leave for every 30 hours worked for all employees of private employers and state and local governments, with certain exceptions. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued paid sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions and specifies that employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave to seek or obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking. The bill requires the Commissioner to promulgate regulations for the implementation and enforcement of the bill's provisions by July 1, 2027.The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner or Attorney General may commence administrative proceedings or bring a civil action to enforce the bill's provisions. Additionally, the bill authorizes an aggrieved employee to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. Certain provisions of the bill have a delayed effective date of July 1, 2027. This bill is identical to SB 199.

Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to SB 162.

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to SB 258.