Liquid nicotine and nicotine vapor products; certification and directory; penalties. Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold for retail sale in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells for retail sale in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be sold or removed from retail sale within 30 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill's provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.The bill authorizes the Attorney General and, with the concurrence of the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (a) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (b) order forfeiture of any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General, or an agent thereof, for enforcement purposes.The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.Finally, the bill makes a violation of its provisions a prohibited practice under the Virginia Consumer Protection Act. This bill is identical to HB 1069.
Sponsored bills
Alcoholic beverage control; annual mixed beverage performing arts facility licenses; on-and-off premises wine and beer licenses. Defines performing arts facility and sports facility and standardizes the eligibility criteria for annual mixed beverage performing arts facility licenses and on-and-off-premises wine and beer licenses for performing arts food concessionaires. Under current law, the eligibility criteria for such licenses varies by location and includes inconsistent ownership, lease, capacity, and seating requirements. The bill also removes provisions that allow the Board of Directors of the Virginia Alcoholic Beverage Control Authority to grant annual mixed beverage motor sports facility licenses and motor car sporting event facility licenses and creates an annual mixed beverage sports facility license, which may be granted to persons operating a sports facility or food concessions at a sports facility and would authorize the licensee to sell mixed beverages during any event and immediately subsequent thereto to patrons within all seating areas, concourses, walkways, concession areas, and additional locations designated by the Board (i) in closed containers for off-premises consumption or (ii) in paper, plastic, or similar disposable containers or in single original metal cans for on-premises consumption. This bill is identical to HB 1349, SB 180, SB 657, and SB 724.
Department of Environmental Quality; review and authorization of projects; hearing and appeal. Allows any person aggrieved by the final decision of the Department of Environmental Quality regarding the authorization of a project and who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department to seek judicial review of such action in accordance with the Administrative Process Act in the Circuit Court of the City of Richmond within 30 days of such decision. The bill requires the court to hear and decide such action as soon as practicable after the date of filing. This bill is identical to HB 122.
Search warrants, subpoenas, court orders, or other process; menstrual health data prohibited. Prohibits the issuance of a search warrant, subpoena, court order, or other process for the purpose of the search and seizure or production of menstrual health data, as defined in the bill, including data stored on a computer, computer network, or other device containing electronic or digital information. This bill is identical to HB 78.
Trustees; settlement of accounts; notice andstatements to beneficiaries; requirements. Provides that when(i) a trust terminates pursuant to the terms of the trust, (ii) atrust terminates early, (iii) a trustee resigns or is removed, or(iv) a trustee is seeking discharge of an interim account periodwhen the trust is continuing, a trustee may obtain a settlement of accounts if the trustee sends the beneficiary notice and certainrequired accounting statements and the beneficiary does not objectwithin 45 days after the trustee sends such notice. The bill provides that if a beneficiary or other party who received such notice andstatements properly objects, the trustee or qualified beneficiaryor other party shall either submit such objection in writing to thecourt for resolution or resolve the objection by a nonjudicial settlement agreement or other written agreement. The bill also provides thatwhen a qualified beneficiary has failed to object within the 45-dayperiod or consents to such action of the trustee, the beneficiary or other party is prohibited from bringing a claim against the trusteefor challenging the validity of (i) the trust or (ii) the periodof such interim accounts.
Maximum number of judges in each judicial district and circuit. Increases by one the maximum number of authorized juvenile and domestic relations district court judges in the Twentieth and Thirty-first Judicial Districts. The bill also increases by one the maximum number of authorized circuit court judges in the First, Ninth, Fifteenth, and Twenty-fifth Judicial Circuits. This bill is a recommendation of the Committee on District Courts and the Judicial Council of Virginia. This bill incorporates SB 686 and is identical to HB 310.
Behavioral Health Commission; behavioral health and crisis response services; civil admissions laws and processes; work group; report. Directs the Behavioral Health Commission to convene a work group to study how to effectively align current civil admissions laws and processes with new behavioral health and crisis response services and resources in the Commonwealth. The bill directs the Behavioral Health Commission to make recommendations for any statutory, regulatory, licensing, training, and reimbursement changes related to Virginia's current civil admissions process and to report such recommendations by July 1, 2025.
Virginia Real Estate Time-Share Act; partial termination of certain time-shares. Allows for the partial termination of a time-share project by a developer or an association and provides the procedures for any such partial termination. The bill also sets a one-year statute of limitations on any legal challenge or action for damages or equitable relief arising out of any termination of a time-share project in accordance with the provisions of the Virginia Real Estate Time-Share Act. The bill's provisions are declared to be effective retroactive in accordance with certain provisions of the Virginia Real Estate Time-Share Act. This bill is identical to HB 1241.
Standards for attorneys appointed to represent parents or guardians; child dependency cases; compensation; multidisciplinary law offices or programs; report. Requires the Judicial Council of Virginia, in conjunction with the Virginia State Bar, beginning July 1, 2026, to adopt standards for the qualification and performance of attorneys appointed to represent a parent or guardian of a child when such child is the subject of a child dependency case, as defined in the bill. The bill also requires the Judicial Council of Virginia, beginning July 1, 2026, to maintain a list of attorneys admitted to practice law in Virginia who are qualified to be appointed to represent indigent parents involved in a child dependency case. Prior to July 1, 2026, counsel must be appointed from the list of attorneys qualified to serve as guardians ad litem. The bill provides that beginning January 1, 2025, court-appointed counsel for a parent, guardian, or other adult in a child dependency case will be compensated in an amount no greater than $330, or in a case for the termination of residual parental rights, $680.The bill authorizes the establishment of up to two multidisciplinary law offices or programs in localities, jurisdictions, or judicial districts that affirm they have met specified criteria for the purpose of representing parents in a child dependency court proceeding or in a child protective services assessment or investigation prior to such proceeding. During any calendar year that such an office or program is in effect for at least six months, the office or program must submit a report on program outcomes, expenses, recommendations, and other pertinent information to the Office of the Children's Ombudsman and the Chairmen of the House Committees for Courts of Justice and on Health and Human Services and Appropriations and the Senate Committees for Courts of Justice and on Education and Health and Finance and Appropriations by November 1.
Line of Duty Act; payment of benefits. Increases from $25,000 to $75,000 the death benefit payout under the Virginia Line of Duty Act for a death caused by occupational cancer, respiratory disease, or hypertension or heart disease for those deaths that will occur on or after January 1, 2025. This bill is identical to HB 321.