Del. Katrina Callsen

Cottage food laws; sale of certain food over phone and internet; work group; report. Expands the exemption from state inspection requirements for private homes where the resident processes and prepares certain food products, including pickles and other acidified vegetables, to allow for such person to sell such products at any location, through the internet, or by telephone to an individual in the Commonwealth for his own consumption and deliver such products in person, by mail, or by delivery service subject to certain restrictions. Current law only allows for the sale to take place in person at the private home, a temporary event, or a farmer's market. The bill also directs the Department of Agriculture and Consumer Services to convene a work group to examine the structural, equipment, and facility standards for private homes in the Commonwealth producing products that do not meet the cottage food law exemptions. The bill requires the work group to complete its meetings by November 1, 2026, and report its findings and recommendations to the Chairs of the Senate Committee on Agriculture, Conservation and Natural Resources and the House Committee on Agriculture, Chesapeake and Natural Resources by the first day of the 2027 Regular Session of the General Assembly.

Adult adoptees; access to vital records. Requires the State Registrar to provide adult adoptees access to their birth certificate upon request, provided that the requester submits an application, proof of identification, and payment and that the original birth certificate is not the certificate of birth in use, subject to amendment, or used by an individual for legal purposes. The bill directs the State Registrar to make a contact preference form available to birth parents that allows them to indicate their preference for contact by the adopted person, to be stored with the adopted person's birth certificate and provided upon the adopted person's request for the birth certificate. This bill incorporates HB 664.

Juvenile and domestic relations district courts; jurisdiction; definitions; petition by noncitizen aged 18 to 21 years for legal custody. Allows an unmarried noncitizen between the ages of 18 and 21 who has been abused, neglected, or abandoned to petition a juvenile and domestic relations district court to be placed in the physical custody of a proposed legal custodian. The bill also includes such unmarried noncitizen in the definitions of "child," "juvenile," and "minor," as such terms are related to juvenile and domestic relations district courts.

Protection of employees; coercion or threat based on immigration status; civil penalty. Prohibits an employer, including the Commonwealth and its agencies and political subdivisions, from using coercion or issuing a threat to an employee based on immigration status in furtherance of committing a violation of the Virginia Minimum Wage Act or provisions related to the payment of wages. An aggrieved employee is permitted to file a complaint with the Commissioner of Labor and Industry within 180 days of the alleged coercive action or threat. The bill authorizes the Commissioner to investigate such complaints and, if the allegation is substantiated, to impose a civil penalty in the following amounts: (i) up to $5,000 for the first violation, (ii) up to $9,000 for the second violation, and (iii) up to $12,000 for any subsequent violation. The bill provides that any such penalty assessed shall be paid to the Commissioner for deposit into the General Fund. The bill also authorizes the Commissioner to seek injunctive relief as may be necessary for enforcement.

Government Data Collection and Dissemination Practices Act; dissemination of personal information to federal government; civil penalties. Provides that any agency or political subdivision of the Commonwealth shall only disseminate personal information (i) to the extent necessary to comply with state or federal law, including the federal Health Insurance Portability and Accountability Act; (ii) to the extent necessary to carry out the administration of a state or federal program pursuant to state or federal law; (iii) to comply with a subpoena, court order, or administrative proceeding; (iv) to the extent necessary to ensure fulfillment of the obligations of a purchase or contract made in accordance with the Virginia Public Procurement Act or a memorandum of understanding or management agreement made in accordance with the Restructured Higher Education Financial and Administrative Operations Act; (v) when the data subject has given consent; or (vi) to the extent necessary to accomplish a proper purpose of the agency. The bill also prohibits an agency or political subdivision from selling personal information. The bill authorizes a court, in the case of a willful and knowing violation, to subject a specific public officer, appointee, or employee of any agency to civil penalties.

Wage garnishments; treasurers' liens for unpaid taxes and charges. Limits a treasurer's lien issued with respect to wages or salary to 25 percent of the delinquent taxpayer's disposable earnings in a single pay period. The 25 percent limitation shall not apply (i) if the lien issuer determines that the adjusted gross income of the delinquent taxpayer exceeds 250 percent of the poverty guideline amount adjusted for household size; (ii) if the treasurer determines, by clear and convincing evidence, that the delinquent taxpayer or the property assessed with such taxes is no longer in the jurisdiction, or the taxpayer is attempting to flee the jurisdiction or is improperly disposing of assets with the intent to hinder or delay the collection of the delinquent taxes; or (iii) to any portion of the delinquent obligation collected by the delinquent taxpayer and held in trust to remit to the local governing authority. This bill is identical to SB 597.

Law-enforcement officers; duty to render aid upon danger to life or limb; civil immunity. Provides that a law-enforcement officer, while engaged in the performance of his duties, has a duty to render aid to any person that he observes suffering from a serious bodily injury or life-threatening condition, as circumstances objectively permit and provided that such aid may be rendered without endangering the law-enforcement officer, the person, or others. The bill also immunizes a law-enforcement officer from civil liability for any personal injury or wrongful death resulting from such rendering or withholding of such aid absent gross negligence or willful misconduct. The bill directs the Department of Criminal Justice Services to adopt regulations to provide law-enforcement officers with basic medical training, including emergency first aid training.

Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education; penalty. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by such public institution of higher education to conduct its programs or activities within such building, as such uses are approved through the law-enforcement or public safety unit of such institution. This bill is identical to SB 272.

Pharmacy benefits managers; requirements; scope; report. Requires all health insurance carriers to use the pass-through pricing model and may limit a pharmacy benefits manager from deriving income from pharmacy benefits management services provided to a carrier except for income derived from a pharmacy benefits management fee. The bill prohibits a pharmacy benefits manager from (i) reversing and or resubmitting the claim of a pharmacist or pharmacy without meeting certain requirements, (ii) reducing any payment to a pharmacist or pharmacy to an effective rate of reimbursement, or (iii) retroactively denying or reducing a claim or aggregate of claims except under certain circumstances. The bill requires the State Corporation Commission (the Commission) to examine the practice of carriers or pharmacy benefits managers requiring or inducing covered individuals to utilize pharmacy services at an affiliated pharmacy. The Commission is required to report its findings and recommendations to the General Assembly by December 1, 2027. Certain provisions of the bill have a delayed effective date of July 1, 2027. This bill is identical to SB 669.

Notaries; prohibition on certain advertising; investigation by Attorney General; civil penalties. Provides that the Attorney General may issue a civil investigative demand whenever he has reasonable cause to believe that any notary public has, in violation of law, (i) offered or provided legal advice on immigration or other legal matters or represented any person in immigration proceedings or (ii) has assumed, used, or advertised the title "notario," "notario publico," or "licenciado," or other term in a language other than English that indicates that such notary is authorized or licensed to practice law. The bill increases the civil penalties for a violation of clause (ii) from up to $500 to up to $2,500 for a first violation and from up to $1,000 to up to $5,000 for a second or subsequent violation. The bill also provides that the Attorney General may seek to enjoin any such violation and may recover restitution, reasonable expenses, and reasonable attorney fees.