Rep. Paul Milde

Professions and occupations; practice of medicine; advertising of prescription drugs or devices. Excludes prescription drugs or devices, as such terms are defined in relevant law, from the definition of "commercial appliances or remedies," as such term relates to the practice of medicine and other healing arts, and provides that the sale of such prescription drugs or devices shall not be prevented or prohibited. Current law provides that the advertising or sale of commercial appliances or remedies shall not be prevented or prohibited.

Constitutional amendment (first reference); personal property tax; exemption for motor vehicles owned for personal, noncommercial use. Requires the General Assembly to exempt from personal property taxes motor vehicles owned by an individual for personal, noncommercial use, provided that for the first year following the effective date of such law, the exemption shall be equal to 20 percent of the tax rate imposed by a locality on tangible personal property, and shall increase by an additional 20 percent of such rate for each year thereafter until such time that the exemption is equal to 100 percent. For purposes of the exemption, "motor vehicle" includes only automobiles, pickup trucks, and motorcycles. The amendment provides that the exemption is applicable on the date the motor vehicle is acquired or the effective date of the amendment, whichever is later, but is not applicable for any period of time prior to the effective date.

Transfer of certain incarcerated persons to Immigration and Customs Enforcement. Requires the Director of the Department of Corrections, sheriff, or other official in charge of the correctional facility in which an alien is incarcerated, upon receipt of a detainer from U.S. Immigration and Customs Enforcement, to transfer custody of the alien to U.S. Immigration and Customs Enforcement no more than five days prior to the date that he would otherwise be released from custody.

Transfer of prisoners convicted of designated illegal acts. Adds certain felony offenses related to driving while intoxicated or operating a watercraft while intoxicated to the list of offenses that allow the United States Immigration and Customs Enforcement to take physical custody of and responsibility for any alien upon conviction.

Elections; voter identification; identification containing a photograph required. Requires presentation of a form of identification containing a photograph in order to vote. The bill repeals the provisions of law permitting a voter who does not have one of the required forms of identification to vote after signing a statement, subject to felony penalties for false statements, that he is the named registered voter he claims to be. Instead, the bill provides that such voter is entitled to cast a provisional ballot.

Drug Control Act; manufacturers, wholesale distributors, and medical equipment suppliers; annual report. Requires a manufacturer, wholesale distributor, or medical equipment supplier that is licensed, permitted, or registered with the Board of Pharmacy to submit an annual report of the amount such manufacturer, wholesale distributor, or medical equipment supplier spent during the preceding year on direct-to-consumer advertising of each prescription drug or device.

Concealed handgun permit; demonstrated competence. Adds a firearms safety or training course conducted by U.S. LawShield or any firearms safety or training course or class available to the general public offered by a nationally recognized firearms safety training organization to the list of qualifications that satisfy the demonstration of competence requirement for the issuance of a Virginia resident or nonresident concealed handgun permit. The bill also directs the Department of State Police to publish on its public website a list of organizations conducting such trainings that the Department deems adequate.

Virginia Social Media Regulation Act established; penalties. Establishes the Virginia Social Media Regulation Act for the purpose of prohibiting minors in Virginia from possessing an account on any social media platform, defined in the bill, without the express consent of a parent or guardian. The bill requires a social media company to provide a minor's parent or guardian with access to the minor's account and all posts and information on such account. The bill also places prohibitions on the type of data and personal information a social media platform may collect from a minor account holder and prohibits the use of any practice, design, or feature on a social media company's platform that the company knows, or should reasonably know, could cause a minor account holder to have an addiction to the social media platform. Lastly, the bill provides that any violation of the Virginia Social Media Regulation Act shall constitute a prohibited practice and be subject to the enforcement provisions of the Virginia Consumer Protection Act.

Firearms-related offenses; mandatory minimum sentence; penalty. Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentence for use or display of a firearm during the commission of certain felonies.

Health insurance; cost-sharing; pharmacy benefits managers; compensation and duties: civil penalty. Amends provisions related to rebates provided by carriers and health benefit plans to health plan enrollees by defining "defined cost-sharing," "pharmacy benefits management services," and "price protection rebates." The bill requires that an enrollee's defined cost-sharing for each prescription drug be calculated at the point of sale based on a price that is reduced by an amount equal to at least 80 percent of all rebates received or expected to be received in connection with the dispensing or administration of the prescription drug.The bill prohibits a pharmacy benefits manager from deriving income from pharmacy benefits management services provided to a carrier or health benefit plan except for income derived from a pharmacy benefits management fee. The bill requires the amount of any pharmacy benefits management fees to be set forth in the agreement between the pharmacy benefits manager and the carrier or health benefit plan and that such fee not be based on the acquisition cost or any other price metric of a drug; the amount of savings, rebates, or other fees charged, realized, or collected by or generated based on the activity of the pharmacy benefits manager; or the amount of premiums, deductibles, or other cost-sharing or fees charged, realized, or collected by the pharmacy benefits manager from enrollees or other persons on behalf of an enrollee. The bill requires a pharmacy benefits manager to annually certify to the State Corporation Commission that it has met certain requirements. The Commission is directed to impose a civil penalty not to exceed $1,000 per claim for a violation of these provisions.The bill establishes a pharmacy benefits manager duty, which includes the duties of care, good faith, and fair dealing, owed to any enrollee, provider, or health benefit plan that receives pharmacy benefits management services from the pharmacy benefits manager or that furnishes, covers, receives, or is administered a unit of a prescription drug for which the pharmacy benefits manager has provided pharmacy benefits management services. The bill requires the Commission to define by regulation the scope of such duty and provides for a private cause of action for any person aggrieved by the breach of such duty. The bill is identical to SB 1078.