Del. Bonita Anthony

Public institutions of higher education; in-state tuition; children of active duty service members or veterans. Provides that any child of an active duty service member or veteran who claims Virginia as his home state and filed Virginia tax returns for at least four years during active duty service is eligible for in-state tuition charges, regardless of domicile. Under current law, any such child is eligible for in-state tuition charges if such service member or veteran claims Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service.

Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.

Elections; election offenses; intimidation and threats toward election officials; penalty. Removes the requirement that a person willfully hinder or prevent an election official from administering elections in order to be found guilty of intimidation and threats toward such official, which is a Class 5 felony under current law.

Voter registration; regular periodic review of registration records. Requires the Department of Elections to complete, not later than 90 days prior to the date of a primary or general election, any program the purpose of which is to systematically remove the names of ineligible voters from the voter registration system based on evidence of ineligibility, including evidence of lack of eligible residence or evidence of noncitizenship. This restriction is not to be construed to preclude (i) the removal of names from the voter registration system at the request of the registrant or as provided by existing law by reason of criminal conviction or mental incapacity or the death of the registrant if the triggering conviction, incapacity order, or death occurred within 120 days of the election or (ii) the correction of details, such as name and address, in a voter's registration record that does not result in the removal of a voter from the voter registration system. Under current law, such restriction only applies to federal primaries and federal general elections. The bill also provides a process for confirming a voter's citizenship status prior to cancellation based on a report of non-citizen status and extends (a) the period of time registrars have to cancel registrations from 30 days to 60 days after notification of the need to cancel by the Department of Elections and (b) the period of time a registered voter has to respond to a notice of cancellation related to citizenship status from 14 days to 28 days.

Virginia Fleet Modernization Advisory Council; established; report. Establishes the Virginia Fleet Modernization Advisory Council to coordinate cost-effective, resilient, and decarbonization-aligned strategies for public and private fleet modernization in the Commonwealth. The bill requires the Council to report annually by the first day of each regular session of the General Assembly to the Governor and the General Assembly regarding its activities and recommendations. The Council has a sunset date of July 1, 2031.

Department of Medical Assistance Services; community health workers in Medicaid managed care; report. Directs the Department of Medical Assistance Services (DMAS) to evaluate and develop recommendations for a statewide strategy to integrate community health workers into Medicaid managed care and related health and human services programs. The bill instructs DMAS to consult with the Department of Health, the Department of Social Services, the Department of Behavioral Health and Developmental Services, the Department for Aging and Rehabilitative Services, the Virginia Community Health Worker Association, Medicaid managed care organizations, local departments of social services, community-based providers, and other relevant stakeholders. The bill requires DMAS to submit a report of its findings and recommendations to the Joint Commission on Health Care and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by December 1, 2026.

Professions and occupations; impersonation of certain licensed professionals by chatbot; notice; civil liability. Provides that a proprietor that owns, operates, or deploys a chatbot, defined in the bill, shall not permit such chatbot to provide any substantive response, information, or advice, or take any action that, if taken by a natural person, would (i) constitute the unlawful practice of architecture, engineering, surveying, landscape architecture, geology, dentistry, medicine, nursing, optometry, pharmacy, physical therapy, certain mental health professions, psychology, social work, or veterinary medicine; (ii) violate the provisions of law making it unlawful for any person to practice medicine, osteopathic medicine, chiropractic, or podiatry or as a physician assistant in the Commonwealth without a valid unrevoked license or to practice law without being authorized or licensed; or (iii) violate the provisions of law making it unlawful for a teacher to be employed without a license or provisional license or relating to division superintendents, members of a school board or other school officers, or principals or teachers in a public school. The bill allows a person injured by a proprietor who engages in any such conduct to sue therefor no more than two years after the cause of action accrues and recover compensatory damages and reasonable attorney fees and costs. The bill also requires a proprietor operating or deploying a chatbot to provide a clear, conspicuous, and explicit notice to users that they are interacting with a chatbot but specifies that the provisions of such notice shall not be a defense to liability.

Commonwealth Food Security and Coordination Act established. Establishes the Commonwealth Food Security and Coordination Act to coordinate state-level food security responses during federal nutrition benefit interruptions, natural disasters, and other emergencies affecting household food access. Under the bill, the Department of Social Services, the Department of Agriculture and Consumer Services, and the Department of Emergency Management are directed to work together to coordinate the provisions of the Act.

Department of Military Affairs; biennial training; Virginia National Guard; report. Requires the Department of Military Affairs (the Department) to conduct a biennial training among all officers of the Virginia National Guard, the curriculum for which shall be established by the Adjutant General in consultation with the Secretary of Veterans and Defense Affairs, the Attorney General, and the Governor. Such training shall (a) remind officers of their oath to upholding the Constitution; (b) inform officers on the process for identifying and responding to suspected unlawful order; and (c) remind officers of their obligation to remain nonpartisan in the execution of their duties. The bill requires the Department to conduct the training among all officers of the Virginia National Guard by November 1, 2026. The bill directs the Adjutant General to require officers holding command and company and flight commanders to inform their Guard members on the processes for addressing any suspected unlawful order. The bill additionally directs the Adjutant General to establish a standard operating procedure by which officers can report the issuance of an unlawful order to the Office of the Attorney General, the Inspector General of the Virginia National Guard, and the United States Department of War and Military Services Offices of Inspector General.

Consumer Data Protection Act; definition of "biometric data"; consent required for processing biometric data. Provides that, under the Consumer Data Protection Act, no consumer, controller, processor, or affiliate of the controller or processor shall process biometric data, defined separately in the bill, concerning an individual without obtaining the individual's consent, or, in the case of the processing of biometric data concerning a known child, without processing such data in accordance with the federal Children's Online Privacy Protection Act.