Del. Rae Cousins

Abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act. Provides that no demand for extradition of a person charged with a criminal violation of the law of another state shall be recognized by the Governor if such alleged violation involves the receipt of or assistance with reproductive health care services, defined in the bill, within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth. The bill also provides that such limit on extradition shall not apply when the person who is subject to such demand for extradition by another state was physically present in the demanding state at the time of the commission of the alleged offense and thereafter fled from such state. The bill adds obtaining, disclosing, selling, or disseminating certain enumerated personal reproductive or sexual health information without the consent of the consumer as a prohibited practice under the Virginia Consumer Protection Act. This bill incorporates HB 1493.

Juvenile fines, costs, and fees; traffic infractions; judicial discretion. Provides that any court costs, fines, and fees assessed to a juvenile or his parent or guardian in circuit court and juvenile and domestic relations district court related to prosecutions of traffic infractions are discretionary.

Conservation of trees during land development process. Expands current provisions that provide that certain localities in Planning District 8 (Northern Virginia) may, by ordinance, require conservation of trees during the land development process by making such provisions available to localities statewide. This bill incorporates HB 170 and HB 534.

Local prohibition on the sale of English ivy;civil penalty. Authorizes any locality to adopt an ordinanceprohibiting the sale of English ivy, with violations punishable bya civil penalty not to exceed $50 for a first violation and not toexceed $200 for a subsequent violation within 12 months.

Concealed handgun permits; reciprocity with other states. Provides that the Superintendent of State Police, in consultation with the Office of the Attorney General, shall determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, any out-of-state permit is recognized in the Commonwealth provided that (i) the issuing authority provides the means for instantaneous verification of the validity of all such permits or licenses issued within that state, accessible 24 hours a day; (ii) the permit or license holder carries a photo identification issued by a government agency of any state or by the U.S. Department of Defense or U.S. Department of State and displays the permit or license and such identification upon demand by a law-enforcement officer; and (iii) the permit or license holder has not previously had a Virginia concealed handgun permit revoked. The bill also provides that a Virginia resident who has not been issued a valid resident concealed handgun permit may not use a concealed handgun or concealed weapon permit or license issued by another state to carry a concealed handgun in the Commonwealth. The bill requires the Superintendent of State Police, in consultation with the Office of the Attorney General, to review any agreements for reciprocal recognition that are in place with any other states as of July 1, 2024, to determine whether the requirements and qualifications of those states' laws are adequate to prevent possession of a permit or license by persons who would be denied a permit in the Commonwealth and revoke any reciprocity agreement or recognition of any states that do not meet such requirements or qualifications by December 1, 2024. The bill requires the Attorney General to provide a written explanation for any determination that a state's laws are adequate to prevent possession of such permit or license by persons who would be denied such permit in the Commonwealth.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 237.

Community service work in lieu of payment of fines and costs; work performed while incarcerated. Requires a court to establish a program and allow any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work or work performed while incarcerated, defined in the bill as any work done on or after July 1, 2020, by a person confined in any penal or corrective institution of the Commonwealth or any of its political subdivisions who is paid a wage that is less than the Virginia minimum wage. The bill requires such program be available during imprisonment in a local, regional, or state correctional facility. The bill provides that a person who is performing work while incarcerated shall be credited at the same rate as the community service work rate less any wages received. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory. The bill also requires the local, regional, or state correctional facility to provide confirmation of the hours worked and the credits earned for such work upon request of any person who has performed work while incarcerated or his representative.

Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General has authority to enforce the provisions of the bill. The bill provides that the Board shall establish no more than 12 upper payment limit amounts annually between January 1, 2025, and January 1, 2028.The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.The bill also requires the nonprofit organization contracted by the Department of Health to provide prescription drug price transparency to provide the Board access to certain data reported by manufacturers. The bill has a delayed effective date of January 1, 2025, and is identical to SB 274.

Virginia Residential Landlord and Tenant Act; material noncompliance by landlord; rent escrow; relief. Removes the requirement that, prior to the granting of any relief, a tenant shall pay into escrow any amount of rent called for under the rental agreement. The bill requires the tenant, during the pendency of the action, to pay into escrow the amount of rent that becomes due subsequent to the initial court date called for under the rental agreement within five days of the date due under such rental agreement, unless or until such amount is modified by a subsequent order of the court. The bill also provides that a failure of the tenant to make timely payments into escrow shall not be grounds for dismissal of the underlying action but may be considered by the court when issuing an order.

Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. The bill provides that a court, after a finding of guilt has been made and prior to entering a final order of conviction, shall determine by a preponderance of the evidence whether the victim of the offense was a family or household member or an intimate or dating partner for the purposes of determining the firearms prohibition.