Del. Cliff Hayes

Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply to medical debt arising from services provided by programs administered by the Department of Medical Assistance Services.

Surveillance Technology Registry; created.Directs the Department of Criminal Justice Services (the Department)to create and maintain a registry of surveillance technologies, definedin the bill, and related information provided by localities and toprovide notice to localities that fail to properly register. Thebill requires localities, prior to implementing the use of any surveillancetechnology, to register such surveillance technology with the SurveillanceTechnology Registry and provide information including (i) the type of surveillance technology used, (ii) the cost and vendor of thesurveillance technology, (iii) the approximate location of the surveillancetechnology, and (iv) any storage and use requirements for the surveillancetechnology. The bill requires the Department, for any type of surveillancetechnology that has not previously been registered, to request theJoint Commission on Technology and Science to study and issue a reporton such surveillance technology.

Annual retail sales and use tax holiday. Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on July 1, 2025, through July 1, 2030. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment. This bill is identical to SB 116.

Public institutions of higher education; release of student transcripts. Requires each public institution of higher education to release an academic transcript directly to the employer or prospective employer of a student currently or formerly enrolled at such institution upon the request of the student. The bill also prohibits any public institution of higher education from conditioning the release of an academic transcript to a student currently or formerly enrolled at such institution on the payment of an outstanding debt if (i) such outstanding debt is less than $500, (ii) such outstanding debt is less than $1,000 and such currently or formerly enrolled student received a Federal Pell Grant at any time during his enrollment, or (iii) such currently or formerly enrolled student has enrolled in a repayment plan and has made at least three consecutive monthly payments on such outstanding debt.

Uniform Commercial Code; amendments. Makes a number of amendments to the Uniform Commercial Code (UCC) as adopted in Virginia. The bill amends the definitions of "money" and "conspicuous" for purposes of the UCC and makes extensive amendments throughout provisions related to UCC Article 9 to accommodate emerging technologies. Such amendments include updating the traditional rules for attachment and perfection to apply to digital assets, such as controllable electronic records, and changes to several definitions, including "chattel paper," which is reconfigured to reflect the concept that chattel paper is a secured party's or lessor's right to payment that is secured by specific goods or owned by a lessee under an agreement that includes specific goods, if evidenced by a tangible or electronic record. Under current law, UCC Article 9 provides that perfection of money is through possession; however, since the definition of "money" is amended by this bill to include intangible assets, the amended provisions related to UCC Article 9 describe perfection by control, requiring the electronic money to either be in a deposit account or evidenced through a controllable electronic record. Further amendments to provisions related to UCC Article 9 include updates to governing law provisions for perfection and priority of security interests in chattel paper and in controllable electronic records, controllable accounts, and controllable payment intangibles.The bill includes amendments to provisions governing sales and leases to provide clarification regarding hybrid or bundled transactions and adds definitions for "hybrid transaction" and "hybrid lease." The bill provides the following approach to the application of provisions related to sales or leases in hybrid or bundled transactions: if the goods aspect of the hybrid transaction predominates, then the provisions that relate to sales or leases apply, but if other aspects predominate, then the provisions that relate primarily to the goods but not the transaction as a whole apply.The bill also adds a new title that parallels UCC Article 12, relating to controllable electronic records, as defined in the bill, and explaining the payment rights of a purchaser of an electronic record when such record is transferred. To fall within the scope of these provisions, the bill specifies that an electronic record must be controllable. The bill provides that to transfer the economic value associated with the controllable electronic record, or to receive the benefits associated with the controllable electronic record free of competing property interests, a person must have control of the controllable electronic record, which depends on requirements as described in the bill. The new title that parallels UCC Article 12 also describes qualifying purchasers of controllable electronic records, debtor security interests in relation to the person identified as in control of the controllable electronic record, and how to demonstrate control for purposes of priority and order of payment rights. These new provisions also include choice of law provisions to determine jurisdiction of a controllable electronic record.The bill includes a number of transition provisions to address perfection and priority issues that may arise after the effective date of the bill. Under the transition provisions of the bill, the Commonwealth may provide an adjustment date of one year after the effective date of the bill to allow persons with established perfection or priority to perfect their interests that may otherwise be affected or lost after the adjustment date based on the UCC amendments in the bill. Finally, the bill makes technical amendments throughout the UCC.As introduced, this bill was a recommendation of the Virginia Commissioners to the National Conference of Commissioners on Uniform State Laws. The bill has a delayed effective date of July 1, 2025.

Tax assessment districts; petition by parcelowners. Changes the threshold for petitioning a city or townfor establishment of a tax assessment district from not less thanthree-fourths of the landowners affected to the owners of not lessthan three-fourths of the parcels affected.

Joint Commission on Technology and Science; staff; authority to appoint, employ, and remove. Authorizes the Joint Commission on Technology and Science (JCOTS) to appoint, employ, and remove an executive director and such other persons as it deems necessary and determine their duties and fix their salaries or compensation within the amounts appropriated therefor. The bill removes the provision that directs the Division of Legislative Services to provide staff support to JCOTS.

Veterans' Services Protection Act; prohibited practices; penalty. Creates the Veterans' Services Protection Act to prohibit any person from receiving compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual regarding any veterans' benefits matter, as defined in the bill, except as permitted under federal law. The bill provides that a violation of its provisions constitutes a prohibited practice under the Virginia Consumer Protection Act.

Social Work Licensure Compact. Authorizes Virginia to become a signatory to the Social Work Licensure Compact. The Compact allows social workers who have or are eligible for an active, unencumbered license in the compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license that authorizes practice in all other compact member states. The Compact takes effect when it is enacted by a seventh member state. This bill is identical to HB 326.

Virginia Minority Business Commission; report; sunset. Establishes the 13-member Virginia Minority Business Commission in the legislative branch of government for the purpose of promoting the growth and competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2028.