Del. Virgil Thornton

Virginia Military Institute; task force. Establishes a task force to examine higher education at Virginia Military Institute (VMI). The bill directs the task force to determine VMI's responsiveness to the State Council of Higher Education for Virginia's 2021 report on the institution and to explore and recommend other changes to be made to distance VMI from the Lost Cause narrative, foster an inclusive environment, and address any other concerns raised by the task force. The task force is required to complete its meetings by November 30, 2026, and to report to the Governor and the General Assembly no later than the first day of the 2027 Regular Session of the General Assembly.

Prescription Drug Affordability Advisory Panel established; maximum fair price; annual reports; civil penalties. Directs the Secretary of Health and Human Resources to establish the Prescription Drug Affordability Advisory Panel to conduct data analyses, develop policy recommendations, and identify implementation barriers related to strategies to improve prescription drug affordability, enhance price transparency, and strengthen data collection practices for prescription drugs across public and private payers. The bill requires the Panel to (i) report annually on prescription drug pricing trends and any policy recommendations on legislation to improve prescription drug affordability and (ii) provide quarterly updates on prescription drug pricing trends. The bill requires each pharmacy benefits manager to provide to the Panel, upon request, certain information relating to the dispensation of a referenced drug, as defined in the bill.The bill prohibits prescription drug manufacturers or wholesale distributors permitted or licensed in the Commonwealth from accepting payment at an amount higher than the maximum fair price established by the U.S. Secretary of Health and Human Services pursuant to federal law for the sale of a referenced drug intended for use by individuals in the Commonwealth. Under the bill, an entity that violates such prohibition is subject to a civil penalty of $10,000 per violation. The bill also prohibits a manufacturer subject to its provisions from removing a referenced drug from sale distribution in the Commonwealth for the purpose of avoiding the impact of the bill's rate limitations without providing certain prior notice. Under the bill, a manufacturer that violates such prohibition on removing a referenced drug without the required notice is subject to a civil penalty equal to the greater of $100,000 or the total amount of annual savings for the referenced drug, as determined by the Board of Pharmacy. This bill is identical to SB 271.

Deferred disposition in a criminal case; persons with autism, intellectual disabilities, or developmental disabilities; expungement. Adds developmental disabilities to the autism and intellectual disability deferred disposition statute. The bill also provides that when a court defers and dismisses a charge pursuant to the autism, intellectual disability, or developmental disability deferred disposition statute, such charge may be considered as otherwise dismissed for purposes of expungement of police and court records. The bill also (i) clarifies that the defendant may request a hearing to determine the appropriateness of a deferred disposition at any time before or after any plea and (ii) provides that no statement made by the defendant at such a hearing is admissible in any criminal proceeding, except that any such statement made under oath may be admissible in a criminal proceeding for perjury or for purposes of impeachment in a criminal matter. This bill is identical to SB 416.

Active Pharmaceutical Ingredient Manufacturing Grant Fund. Establishes the Active Pharmaceutical Ingredient Manufacturing Grant Fund to provide grant installment awards between July 1, 2026, and July 1, 2045, in an amount not to exceed $15 million per fiscal year and in an aggregate amount not to exceed $130 million, to a qualified company that (i) engages in the manufacture of pharmaceutical substances, (ii) executes a memorandum of understanding with the Commonwealth, and (iii) is expected to make a capital investment of at least $2,148,793,019 and create and maintain at least 468 new full-time jobs. This bill is identical to SB 404.

Department of Corrections; functional literacy program for incarcerated individuals; Virginia Prison Education Task Force established; report. Requires the Superintendent employed by the Director of Corrections to (i) by January 1, 2027, develop a functional literacy program for inmates testing below at least an eighth grade level, instead of a twelfth grade level as required by current law, and include in such program evidence-based literacy instruction, as defined in accordance with applicable law; (iii) 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 (iv) track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the literacy and education programs. 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 submit a report to the Governor and the General Assembly on its activities, findings, and recommendations by November 1, 2026. Finally, the bill requires the Department of Education to, by November 1, 2026, (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.

Department of Military Affairs; feasibility of Sexual Offense Prevention and Response Officer; report. Directs the Department of Military Affairs to assess the feasibility of and develop recommendations related to establishing a Sexual Offense Prevention and Response Officer position within the Sexual Offense Prevention and Response Program to perform victim advocacy services. The bill requires the Adjutant General to report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the Chairs of the House and Senate Committees for Courts of Justice no later than November 1, 2026.

Common-law crime of suicide. Abolishes the common-law crime of suicide. Suicide is currently a common-law crime in Virginia, although there is no statutorily prescribed punishment. The bill has a delayed effective date of July 1, 2027, and also requires the Bureau of Insurance of the State Corporation Commission to review the effect and implication of abolishing the common-law crime of suicide on insurance throughout the Commonwealth and submit its findings and any recommendations by November 1, 2026, to the Chairs of the House and Senate Committees for Courts of Justice.

Department of Small Business and Supplier Diversity; Small SWaM Business Procurement Enhancement Program established. Establishes the Small SWaM Business Procurement Enhancement Program with a statewide goal of 42 percent of certified small SWaM business, as such term is defined in the bill, utilization in all discretionary spending by executive branch agencies and covered institutions in procurement orders, prime contracts, and subcontracts, as well as a target goal of 50 percent subcontracting to small SWaM businesses in instances where the prime contractor is not a small SWaM business for all new capital outlay construction solicitations that are issued. The bill provides that executive branch agencies and covered institutions are required to increase their small SWaM business utilization rates by three percent per year until reaching the 42-percent target or, if unable to do so, to implement achievable goals to increase their utilization rates. In addition, the bill provides for a small SWaM business set-aside for executive branch agency and covered institution purchases of goods, services, and construction, requiring that purchases between $10,000 and $200,000 be set aside for award to certified small SWaM businesses, and a microbusiness set-aside for such purchases, requiring that such purchases up to $10,000 be set aside for award to microbusinesses.The bill creates the Division of Procurement Enhancement within the Department of Small Business and Supplier Diversity for purposes of collaborating with the Department of General Services, the Virginia Information Technologies Agency, the Department of Transportation, the State Council of Higher Education for Virginia, and covered institutions to further the Commonwealth's efforts to meet the goals established under the Small SWaM Business Procurement Enhancement Program, as well as implementing initiatives to enhance the development of small businesses, microbusinesses, women-owned businesses, minority-owned businesses, and service disabled veteran-owned businesses in the Commonwealth.Finally, the bill requires the Director of the Department of Small Business and Supplier Diversity to conduct, or contract with an independent entity to conduct, a disparity study every five years, with the next disparity study due no later than January 1, 2031. The bill specifies that such study shall evaluate the need for enhancement and remedial measures to address the disparity between the availability and the utilization of women-owned and minority-owned businesses.

Prohibiting certain acts in furtherance of federal immigration enforcement in certain protected areas; exceptions; penalties. Prohibits certain federal civil immigration enforcement activities in certain protected areas including any courthouse, within 40 feet of any polling place or building used as a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, and any place or facility owned by the Commonwealth that is a hospital or other health care facility, a school or public institution of higher education, or an office of the attorney for the Commonwealth. The bill prohibits any civil arrest in a courthouse pursuant to a civil administrative warrant, subject to certain exceptions such as service or enforcement of an order for failure to pay child support or for any arrest occurring in connection with a court proceeding that is taking place or is scheduled to take place. The bill provides that such provisions shall not apply when such arrest is authorized by a judicial warrant or judicial subpoena.The bill also authorizes a local school board to include in its written school crisis, emergency management, and medical emergency response plan a procedure for notifying school board employees and parents of enrolled students of the presence of certain individuals on school property for immigration investigation or enforcement purposes. The bill requires each public institution of higher education to adopt a policy that requires an individual present on campus to investigate compliance with, enforce, or assist in an investigation or enforcement of any federal immigration law to present a valid judicial warrant or judicial subpoena before accessing any nonpublic area of the campus. This bill incorporates HB 1260, HB 1265, HB 1440, and HB 1442 and is identical to SB 351.

Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent if the exact amount of rent owed is less than or equal to one month's rent plus any late charges contracted for in the rental agreement and as provided by law, to serve upon such tenant a written notice informing the tenant of the exact amount due and owed and offer the tenant a payment plan under which the tenant must pay the exact amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The bill prohibits the landlord from charging any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments in accordance with the terms of the payment plan. The bill also outlines the remedies a landlord has if a tenant fails to pay the exact amount due and owed or enter into a payment plan within five days of receiving notice or if a tenant enters into a payment plan and after such plan becomes effective fails to pay rent when due or fails to make a payment under the terms of the agreed-upon payment plan. The bill has a delayed effective date of January 1, 2027.