Del. Rod Willett

Replacement of trees during development process in localities; tree canopy fund. Allows localities by ordinance to establish a tree canopy fund to collect, maintain, and distribute fees collected from developers that cannot provide for full tree canopy requirements where the development project is situated. The bill requires the ordinance to establish cost units that are based on average costs of two-inch caliper nursery stock trees. The bill allows a locality to use moneys from the fund to (i) plant and maintain trees on public or private property or (ii) make disbursements to a community-based organization that is exempt from income tax pursuant to § 501(c)(3) of the Internal Revenue Code and is operated for tree planting, stewardship, or community-beautification missions that benefit the community at large. The bill requires any funds collected by localities to be spent within five years of the collection date.

Constitutional amendment (first reference); qualifications of voters; right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution of Virginia shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution of Virginia provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributions to a candidate or his campaign committee for personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but allows a contribution to be used for the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's dependent care expenses that are incurred as a direct result of campaign activity. The bill provides that any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The foregoing provisions of the bill have a delayed effective date of July 1, 2026. The bill directs the State Board of Elections to adopt emergency regulations similar to those promulgated by the Federal Election Commission to implement the provisions of the bill and to publish an updated summary of Virginia campaign finance law that reflects the State Board of Elections' and Attorney General's guidance on the provisions of such law that prohibit the personal use of campaign funds and any new regulations promulgated by the State Board of Elections. This bill incorporates HB 1686 and is identical to SB 1002.

Health insurance; cost sharing for breast examinations. Prohibits health insurance carriers from imposing cost sharing for diagnostic breast examinations and supplemental breast examinations, as those terms are defined in the bill, under certain insurance policies, subscription contracts, and health care plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2026. The bill provides that such examinations include examinations using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound. As introduced, this bill was a recommendation of the Health Insurance Reform Commission. This bill incorporates HB 2133 and is identical to SB 1436.

Public schools; enrollment of certain military children with disabilities; provision of special education services and accommodations. Provides that whenever a child of a service member who enrolls in a school division in accordance with applicable law is also a child with disabilities, the school board of the school division is required to, upon receipt of documentation from the service member parent or an official letter from the service member's command indicating such service member's relocation to such school division, coordinate with such child's parent and such child's previous school division to facilitate the prompt provision of comparable special education services and accommodations for such child.

Public elementary and secondary schools; enrollment; dependent students of active duty service members; policies. Permits any school board to establish and implement policies providing for the enrollment of any student, upon request of such student's parent, (i) who does not reside within the applicable school division, (ii) whose parent is a full-time active duty member of the uniformed services of the United States and for whom the Commonwealth is the home of record, and (iii) who meets the other requirements set forth in the bill. The bill permits such policies to provide for the denial of any such enrollment request if the school board can demonstrate that it lacks the resources or capacity.

School boards; student access to telehealth services; policies. Directs each school board to consider, for the purpose of increasing access to health care services for students, developing and implementing policies for permitting any public school student in the school division to schedule and participate in telehealth services, including mental health teletherapy services pursuant to a memorandum of understanding with a nationally recognized school-based telehealth provider developed in accordance with applicable law, on school property during regular school hours with parental consent. The bill requires any such policies developed and implemented by a school board to (i) require each public elementary and secondary school to designate a location in the school for student use for such telehealth appointments and implement measures to ensure the safety and privacy of any student participating in a telehealth appointment, (ii) prohibit any student from being subject to any disciplinary measure or consequence for participating in a telehealth appointment during regular school hours if such student would not be subject to any disciplinary measure or consequence for an absence for the purpose of receiving any health care services in person during regular school hours, and (iii) include such other requirements as the school board deems necessary and appropriate. Finally, the bill requires any school board that develops and implements any policies for permitting students to schedule and participate in telehealth services pursuant to the bill to provide and post in a publicly accessible location on its website at the beginning of each school year guidance relating to the implementation of such policies for administrative and instructional personnel. This bill is identical to SB 1037.

Department of Health; coverage for nursery services; certified nurse midwives; licensed certified midwives; pediatric nurse practitioners. Directs the Department of Health to amend its regulations on coverage for nursery services to (i) allow certified nurse midwives, licensed certified midwives, or pediatric nurse practitioners with pediatric privileges and a neonatal resuscitation certification from the American Academy of Pediatrics, including endotracheal intubation training, to be on the 24-hour on-call duty roster for nursery care if a physician is not available and (ii) permit physicians to provide consultation via telehealth when a certified nurse midwife, licensed certified midwife, or pediatric nurse practitioner is providing coverage for the 24-hour on-call duty roster and a physician is incapable of arriving on site within 30 minutes of notification.

Certified nurse midwives; licensed certified midwives; independent practice; organized medical staff. Permits licensed certified midwives who have completed 1,000 hours of practice under a practice agreement to practice without a practice agreement upon receipt of an attestation from the licensed physician or midwife with whom they entered into a practice agreement. The bill also permits certified nurse midwives and licensed certified midwives to enter into practice agreements with certified nurse midwives or licensed certified midwives who are authorized to practice independently. The bill directs the Department of Health to amend its regulations to clarify that an organized medical staff may include other practitioners, including independent practice midwives, in addition to physicians and dentists. This bill is identical to SB 1352.

Certificate of public need; expedited application and review; medical deserts. Instructs the State Health Commissioner to direct the State Health Services Plan Task Force to develop recommendations for establishing an expedited application and review process for projects requiring a certificate of public need in medical deserts. This bill is identical to SB 1203.