Sen. Jennifer Boysko

Virginia Human Rights Act; procedures for a charge of unlawful discrimination. Provides that, for the purposes of nondiscrimination in places of public accommodation, "place of public accommodation" includes educational institutions. The bill reduces from 15 to five the number of employees in the definition of "employer" for purposes of nondiscrimination in employment. The bill also amends from 300 days to two years the timeframe for filing a complaint alleging unlawful discrimination with the Office of the Attorney General.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.

TPA-certified optometrists; sale and dispensation of Schedule VI controlled substances; requirements. Permits TPA-certified optometrists to sell and dispense Schedule VI controlled substances to their own patients provided that they obtain a license to do so from the Board of Pharmacy and comply with requirements related to dispensation, storage, packaging, labeling, recordkeeping, and reporting of the controlled substances sold and dispensed. The bill permits the Board of Optometry and the Board of Pharmacy to adopt regulations to implement the provisions of the bill and establish a limited-use license for TPA-certified optometrists pursuant to the bill. The bill exempts such initial regulations from the APA requirements. This bill is identical to HB 1006.

Constitutional amendment (voter referendum); marriage between two adult persons; repeal of same-sex marriage prohibition. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that requires the equal treatment under the law of a lawful marriage between two adult persons regardless of the sex, gender, or race of such persons. The amendment also repeals the current provision that defines marriage as only a union between one man and one woman. This bill is identical to HB 612.

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 HB 247.

Department of Social Services; corrective action plans; centralized hotline for reports or complaints of child abuse or neglect. Establishes a centralized hotline for reports and complaints of child abuse or neglect and grants the Commissioner of Social Services the authority to create and enforce a corrective action plan for any local board of social services or local department of social services that (i) fails to administer public assistance and social services programs in accordance with applicable laws and regulations or (ii) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of a child or adult. The bill permits similar authority for any local board of social services that (a) fails to provide child welfare services in accordance with applicable law or regulations or (b) takes any action or fails to act in a manner that poses a substantial risk to the health, safety, or well-being of a child. Under the bill, if a local board or department fails to comply with a corrective action plan, the Commissioner has the authority to temporarily assume control of all or part of the local board's operations. The bill also provides that, when a local board of social services or local department of social services requests assistance, the Commissioner has the authority to utilize staff of the Department of Social Services or contract with private entities to provide public assistance and social services programs in the locality served by the local board or department. The bill requires the Department of Social Services to establish and maintain a hotline for reports and complaints of child abuse or neglect and specifies that the Department shall determine the validity of such reports and complaints. The bill eliminates the requirement that local departments must be capable of receiving and responding to reports and complaints of abuse or neglect and instead requires that any complaint of child abuse or neglect received by a local department shall be immediately forwarded to the Department's child abuse and neglect hotline. The bill also adds adult services to the definition of "social services" for purposes of Title 63.2 (Welfare (Social Services)). The bill directs the Department of Social Services to (1) promulgate regulations necessary to implement the provisions of the bill and (2) contract with a third party by August 1, 2026, to conduct a comprehensive study and review of the screening process used for child protective services complaints across Virginia. The bill also directs the Secretary of Health and Human Resources to convene a Social Services Task Force to develop a comprehensive improvement plan to address changes needed within the State Department of Social Services and the local departments of social services. The provisions of the bill related to centralized intake have a delayed effective date of July 1, 2027.

Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iv) refusing to interview, hire, employ, or promote or otherwise retaliating against a prospective or current employee for not providing wage or salary history or requesting a wage or salary range; (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and (vi) failing to set a wage or salary range in good faith. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. This bill is identical to HB 636.

Employee Child Care Assistance Program established. Establishes the Employee Child Care Assistance Program to provide matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Program shall be administered by the Virginia Early Childhood Foundation. To participate in the Program, an employer shall agree to make child care contributions to the eligible mixed delivery provider on behalf of the employee or to a third-party administrator, as defined by the bill, and shall provide any other information deemed necessary by the Foundation. The bill specifies that, to the extent funds are available, the Foundation shall issue a state match to a third-party administrator. Program funds shall be awarded on a first-come, first-served basis; however, the bill clarifies that the Foundation is encouraged to prioritize awards to proposals involving contributions from small businesses. The bill requires the Foundation to provide an interim report to the General Assembly by September 1, 2028, and a summative report to the General Assembly by September 1, 2030, on the effectiveness and impact of the Program. This bill is identical to HB 18.

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning April 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning April 1, 2028. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. This bill is identical to HB 1207.

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 is identical to HB 650.