Del. Betsy Carr

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as such terms are defined in the bill. The bill clarifies that none of its provisions shall be construed to permit or sanction the performance of any sterilization procedure without a patient's voluntary and informed consent. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 1105.

An Act to amend and reenact §§ 2.2-234, 2.2-401.01, 2.2-1149, 2.2-1604, 2.2-2699.10, 2.2-4310, 10.1-104.02, 10.1-659, 10.1-1003, 10.1-1018, 10.1-1020, 10.1-1186.3:1, 10.1-1188, 10.1-2202.5, 10.1-2205.1, 10.1-2206.1, 10.1-2214, 10.1-2305, 15.2-4202, 15.2-4203, 20-88.32, 20-146.1, 22.1-254, 24.2-128, 28.2-104.01, 28.2-302.5, 29.1-301, 29.1-401, 29.1-521, 32.1-272, 36-105.5, 51.1-700, 56-46.1, 56-576, 58.1-2201, 58.1-2403, 59.1-480, 62.1-266, 64.2-701, 64.2-2100, and 64.2-2600 of the Code of Virginia and to amend the Code of Virginia by adding in Subtitle II of Title 2.2 a part labeled D, containing a chapter numbered 61, consisting of sections numbered 2.2-6100 and 2.2-6101, relating to definitions; American Indians; Virginia recognized tribes; federally recognized tribes; sovereignty.

Baby Food Protection Act; testing and labeling requirements for toxic heavy metals. Prohibits a person from selling, distributing, or offering for sale a baby food product that contains certain toxic heavy metals that exceed the limits established by the U.S. Food and Drug Administration (FDA). The bill requires a manufacturer of a baby food product to meet certain testing requirements and include certain information related to toxic heavy metals on the manufacturer's website and on the baby food product. The bill requires a consumer to report a baby food product to the Commissioner of Agriculture and Consumer Services if the consumer reasonably believes that the baby food is being sold in the Commonwealth with toxic heavy metals that exceed the limits established by the FDA. The foregoing provisions of the bill have a delayed effective date of January 1, 2026. The bill also directs the Department of Agriculture and Consumer Services to convene a work group to study and make recommendations on the current enforcement of laws related to the presence of toxic heavy metals in baby food products and any further action needed to address the issue of toxic heavy metals in baby food products. The bill requires the work group to report on its findings and recommendations by the first day of the 2026 Regular Session.

Virginia Commonwealth University Health System Authority; board of directors; chief executive officer. Makes several changes relating to the board of directors and the chief executive officer of the Virginia Commonwealth University Health System Authority (the Authority), including (i) reducing from 19 to 13 the number of appointed members on the board of directors and adding the chief executive officer of the Authority as an ex officio member with voting privileges, thereby reducing from 21 to 16 the total number of board members; (ii) changing from voting to nonvoting the nature of the membership of the President of Virginia Commonwealth University (the University) on the board of directors and prohibiting rather than requiring, as under current law, the President of the University from serving as chairman of the board of directors; (iii) lengthening the terms of all members of the board of directors from three years to four years; (iv) adding demonstrated experience or expertise in finance or commercial real estate as options for satisfying the required qualifications for certain appointed members and requiring each enumerated area of demonstrated experience or expertise to be represented amongst such appointed members at any given time; (v) requiring the biennial election of a chairman and vice-chairman of the board of directors, requiring such chairman and vice-chairman to have served for at least two years on the board of directors, and prohibiting any employee of the University, employee of the Authority, member of the board of visitors of the University, or legislative member from serving as chairman; (vi) prohibiting rather than permitting, as under current law, the Senior Vice-President for Health Sciences of the University from serving as chief executive officer of the Authority but requiring the Senior Vice-President for Health Sciences to regularly communicate and collaborate with such chief executive officer to support the mutual interests and success of the University and the Authority; (vii) providing that no further action shall be taken if a majority of each of the three-member committees appointed by the board of directors of the Authority and the board of visitors of the University do not agree on the removal of the chief executive officer of the Authority within 30 days of the appointment of the committees by each board; and (viii) providing that in the event that a majority of the members of each committee do not agree on the selection or conditions of appointment of the chief executive officer within 30 days of the appointment of the committees by each board, then the process set forth in statute shall be repeated until such selection has been made or such conditions of appointment have been determined. Current law requires the President of the University to make a binding decision in the event of any such disagreement. This bill is identical to SB 1259.

Richard Bland College; governance. Removes the authority of the board of visitors of The College of William and Mary in Virginia to supervise, manage, and control Richard Bland College and establishes the nine-member board of visitors of Richard Bland College to generally direct the affairs of Richard Bland College, including appointing all teachers and fixing their salaries, providing for the employment of other personnel as required, and caring for and preserving all property belonging to Richard Bland College. The bill provides for the transfer of relevant property and rights thereto, contracts, and duties from the board of visitors of The College of William and Mary in Virginia to the board of visitors of Richard Bland College. The bill also requires the board of visitors of Richard Bland College to focus its efforts on preparing students for academic and career success and permits the board of visitors to take several enumerated actions in furtherance of such efforts. The bill also provides that the audit conducted by the Auditor of Public Accounts for the fiscal year ending June 30, 2026, will be the last audit for which Richard Bland College is treated as a consolidated entity of the board of visitors of The College of William and Mary in Virginia and that beginning with the fiscal year ending June 30, 2027, the Auditor of Public Accounts shall submit its audit report on Richard Bland College to the board of visitors of Richard Bland College. The provisions of the bill, with the exception of the provision requiring Richard Bland College to submit a report to the General Assembly by December 31, 2025, have a delayed effective date of July 1, 2026. This bill is identical to SB 742.

Virginia military forces; Sexual Offense Prevention and Response Program established. Establishes the Sexual Offense Prevention and Response Program (the Program) within the Department of Military Affairs. The bill also establishes the Sexual Offense Prevention and Response Officer (the Officer) to perform victim advocacy services, including helping victims of certain criminal sexual assault offenses make either a restricted report or an unrestricted report, as those terms are defined in the bill. Restricted and unrestricted reports may be made (i) by a person who is a member of the Virginia military forces, defined in the bill as the Virginia National Guard and the Virginia Defense Force, or (ii) against a member of the Virginia military forces. The bill directs the Adjutant General, in coordination with the Officer, to submit an annual report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the chairmen of both the House and Senate Committees for Courts of Justice. The annual report shall include relevant information enumerated in the bill, including implementation and effectiveness of the Program's policies and procedures, as well as statistical information about restricted reports and unrestricted reports.

Department of Corrections; functional literacy program for inmates; data sharing and tracking; salary schedules for teachers; Virginia Prison Education Task Force established; report. Requires the Superintendent employed by the Director of Corrections to (i) include in the functional literacy program for inmates developed pursuant to applicable law evidence-based literacy instruction, as defined in accordance with applicable law; (ii) share data with (a) the state entity that oversees the management, direction, and governance of the Commonwealth's education and workforce data for the purpose of developing educational, health, social service, and employment outcome data and improving the efficacy of state services and (b) the Virginia Community College System necessary for comprehensive community colleges to apply for and maintain eligibility as Federal Pell Grant-eligible prison education programs; and (iii) track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the functional literacy program. The bill also establishes the Virginia Prison Education Task Force for the purpose of implementing a consistent education program across all state correctional facilities operated by the Department. The bill requires the Task Force to complete its work by July 1, 2030. Finally, the bill requires the Department of Education to, by November 1, 2025, (a) review and update the salary schedules for teachers licensed by the Board of Education and employed by the Department of Corrections to provide instruction in the schools of the correctional centers to be competitive with those in effect for the school division in which the correctional facility is located and (b) make recommendations for the inclusion of such teacher salary increases in the appropriation act.

Board of Medicine; continuing education; unconscious bias and cultural competency. Directs the Board of Medicine to require unconscious bias and cultural competency training as part of the continuing education requirements for renewal of licensure. The bill specifies requirements for the training and requires the Board of Medicine to report the number of licensees who have successfully completed such training to the Department of Health and the Virginia Neonatal Perinatal Collaborative. This bill is identical to SB 740.

Virginia Consumer Protection Act; prohibited practices; mandatory fees or surcharges disclosure. Prohibits a supplier, in connection with a consumer transaction, from advertising or displaying a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges, as defined in the bill. The bill specifies the requirements for compliance with its provisions for certain suppliers and excludes from its provisions (i) certain fees charged by motor vehicle dealers, as defined in relevant law; (ii) fees charged by electric utilities, natural gas utilities, and telecommunications service providers, as those terms are defined in relevant law; (iii) certain costs associated with real estate settlement services; and (iv) the provision of air transportation by air carriers. The bill requires a food delivery platform to (a) at the point when a consumer views and selects a vendor or items for purchase, include a clear and conspicuous disclosure of any additional fee or percentage charged, as defined in the bill, and (b) after a consumer selects items for purchase, but prior to checkout, display a subtotal page that itemizes the price of such selected items and any additional fee or percentage included in the total cost. This bill is identical to SB 1212.

Siting of data centers; site assessment; high energy use facility. Provides that prior to any approval of a rezoning application, special exception application, or special use permit for the siting of a new high energy use facility (HEUF), as defined in the bill, a locality shall require that an applicant perform and submit a site assessment to examine the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. The bill also allows a locality to require that a site assessment examine the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land. The provisions of the bill shall not apply to a site with an existing legislative or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility and such expansion does not exceed an additional 100 megawatts or more of electrical power. Finally, the bill provides that its provisions shall not be construed to prohibit, limit, or otherwise supersede existing local zoning authority. This bill is identical to SB 1449.