Here is my annual summary of bills that will become law in Virginia on July 1st and a brief explanation of how they came about.
The legislature sent 916 bills to Governor Youngkin. Initially, he signed 599 bills, amended 159 bills, and vetoed 157 bills. The budget (HB1600) was returned with 205 amendments and eight items vetoed. When the General Assembly reconvened, the House voted to lump most of the Governor’s 95 vetoes into a single block. Of those, 82 vetoes were sustained. Democrats spoke on bills that would have raised the minimum wage, banned assault firearms, and prevented the purge of voter registration records 90 days before an election but they lacked the two-thirds majority required to overturn any of the vetoes, therefore, all of those bills are now dead.
On April 2nd the Governor acted on all remaining legislation for the 2025 session. Of the 91 pieces of legislation and the state budget in consideration, he signed 53 bills, made 37 item vetoes to the budget and vetoed 38 bills. Fifty-three more bills were enacted – 7 are intended to improve maternal health care, 8 address public safety, 9 regarding energy, and 10 for education.
Republicans have what’s known as a government triplex, controlling all three top executive offices – Governor, Lieutenant Governor, and Attorney General – but a divided trifecta since the Democrats control the legislature in both the House of Delegates and State Senate. All bills must be approved by both chambers of the legislature and the Governor in order to become law. The bi-partisan necessity and lack of total control by either party prevents sweeping reform.
“Ignorance of the law is no excuse in any country. If it were, the laws would lose their effect, because it can always be pretended.” Thomas Jefferson
NEW LAWS YOU MAY WANT TO NOTE
In order to sell invasive plants, a retail establishment must post a sign in a conspicuous manner near the plant identifying it as invasive, educating consumers regarding the plant species and encouraging consumers to ask about alternatives. SB 1166
Public schools may not serve food that contains any of the seven color additives listed in the bill. SB 1289
A new license plate was approved. It will bear the legend “LUPUS AWARENESS” and revenue will benefit the Social Butterflies Foundation. HB 1722
Fusion energy was added to the list of generation sources that qualify as carbon-free energy or clean energy. SB 1338
Campaign Reform: A candidate is prohibited from converting contributions from his/her campaign contributions to personal use. Previously, the law only prohibited the conversion of surplus funds at the end of a campaign. HB 2165
The bridge over South Rosemont Road on Interstate 264 in Virginia Beach will be designated the “Captain Matthew “Chevy” Chiaverotti Memorial Bridge.” Chiaverotti was a Virginia Beach firefighter for more than 20 years and died at age 44 of a rare thyroid cancer in 2023. A Medal of Honor recipient, he was also a FEMA Task Force 2 search team manager and a first responder to what is commonly known as the Good Friday Miracle jet crash in 2012. HB 1793
RESTAURANTS & ALCOHOL
The Department of Criminal Justice will develop an online course for the VA Alcoholic Beverage Control Authority to educate retail licensees and their employees on how to recognize and report suspected human trafficking. HB 2033
Drinks to Go: Restaurants with a mixed beverage license may sell or deliver up to two mixed drinks per meal for off-premises consumption. HB 2058
SCHOOLS
For the purpose of increasing access to health care services for students, each school board must consider developing and implementing policies for permitting any public school student to schedule and participate in telehealth services, including mental health teletherapy. SB 1037
The Board of Education must develop and biennially review guidelines on policies relating to extreme heat safety and protection for student-athletes. HB 1663
Parent’s access to the academic or health records of their minor child includes access to the records that are stored in or accessible from a secure website. SB 846
Public elementary and secondary schools must develop a cardiac emergency response plan or an athletic emergency action plan that incorporates core elements and nationally recognized guidelines. HB 1695
Public elementary and secondary schools must develop a bleeding control programs and have a bleeding control kit available in easily accessible locations. HB 1700
The Board of Education must develop and approve a geometry add-on endorsement for teachers licensed to teach geometry in kindergarten through eighth grade and amend its regulations for Algebra 1 add-on endorsement to eliminate the requirements that candidates complete coursework in calculus, Euclidean geometry, probability and statistics and discrete mathematics and permit candidates to receive a passing score on the Praxis Algebra 1 add-on endorsement exam instead of the requirements that they complete coursework. HB 1829
The Commissioner of the Department of Motor Vehicles has increased oversight authority over operations of driver training schools and licensure. HB 1836
Public schools may display posters and stickers on the sides and rear of school buses advertising the hiring of school bus drivers. HB 1993
Any person licensed as an administrator or educator in public schools who has direct communication with a student and believes he/she is at imminent risk of suicide is required to contact at least one of the student’s parents to provide notice of the student’s mental state and provide materials on suicide prevention that address safe storage of firearms and suicide prevention. HB 2055
Specially trained employees of schools may administer seizures rescue medications pursuant to a written order and consent of the student’s parents. The employee will not be liable for civil damages for ordinary negligence in acts or omissions from such treatment. HB 2104
The maximum period during a school year for which a school board may employ a temporarily employed teacher is extended from 90 to 180 teaching days. This bill has an expiration of July 1, 2027. SB 1230
CHILDREN/MINORS
The Department of Health, in collaboration with the Department of Behavioral Health & Developmental Services and the Department of Education, must convene a work group to develop a plan to create a mental health screening and assessment tool for children in early childhood care and provide mental health consultation resources and training to early childhood education providers, pediatric healthcare providers, and families. HB 1760
Testimony of a child who is a victim or witness may be taken by two-way closed-circuit television if the court finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public. The court must find by clear and convincing evidence, based on expert opinion, that the child will suffer at least moderate emotional trauma, more than nervousness, excitement or reluctance, as a result of being in the courtroom. This is a revision of current law. HB 1728
A child in foster care has a right to receive information. Contact information for an Ombudsman and certain other information must be provided to a biological parent, prospective adoptive parent, foster parent, or child in foster care who is 12 or older upon opening a foster care case. Complaints and communication can be made to and with the Ombudsman without consent of the Department of Social Services or other agency. HB1777
The Department of Health must review the federal Recommended Uniform Screening Panel (RUSP) to determine if testing for certain disorders listed should be included in the Commonwealth’s newborn screening requirements. Attention must be given to determine if the Commonwealth requires any testing that RUSP does not so that consideration can be made to amending the Commonwealth’s requirements. The re-evaluation shall take place annually. HB 1782
The Board of Medical Assistance Services must amend the state plan for medical assistance services to include a provision for payment of medical assistance for the prophylaxis, diagnosis and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS) including payment for treatment using antimicrobials, medication, and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy. HB 1641
Children 16 years of age or older are allowed to serve in a licensed barbershop or cosmetology salon if they are an apprentice, enrolled in a work-training program, or have a cosmetology license. HB 1667
No fee shall be assessed when a homeless youth seeks to receive a certified copy of a vital record, including his/her birth record, or DMV-issued learner’s permit, driver’s license, special identification card, or identification privilege card or permit. HB 1617
Anyone who knowingly allows a minor who does not have a driver’s license to drive a car will be charged with a Class 1 misdemeanor. Also, it is forbidden to allow a minor with a learner’s permit to drive a car if they know the minor is planning to break the law. If a violation of this law leads to a car crash that injures or kills someone, the violator will be charged with a Class 1 misdemeanor. HB 1549
No parent-child relationship exists with the convicted biological parent when the child is a product of rape, carnal knowledge or incest. As such, the biological parent’s consent is not needed for adoption. HB 1727
Persons with disabilities have the same rights as others to the full and free use of public playgrounds. HB 1800
This bill allows a parent whose rights were previously terminated to be considered a party with a legitimate interest for the purposes of filing a custody or visitation petition when the child is at least 14 years of age, has been adopted and the adopted parents died or were removed, and is in the custody of a local board of social services. The parent must have complied with post-adoption terms and maintained a positive, continuous relationship with the child. HB 1854
The court may enter an order requiring local boards of social services to provide services to the child and family of juvenile respondents in a protective order. HB 2130
MEDICAL/HEALTHCARE
Health insurance policies issued on and after January 1, 2026 may not impose cost sharing for diagnostic breast exams. HB 1828
The scope of practice of master’s social workers is expanded to allow clinical services under the supervision of a licensed clinical social worker. Services provided by a licensed baccalaureate social worker will be equivalent to the services provided by a qualified mental health professional-trainee and reimbursed at a comparable rate. HB 1897
When a physician is incapable of arriving on site within 30 minutes of notification, coverage for nursery services may include certified nurse midwives or pediatric nurse practitioners with pediatric privileges and neonatal resuscitation certification to be on the 24-hour on-call duty roster and permit a physician to provide consultation via telehealth. HB 1904
A health care provider is required to provide one free copy of a patient’s medical records per calendar year if requested by a patient or his/her attorney for the purposes of supporting a claim or appeal claim under certain provisions of the Social Security Act or any federal or state financial needs-based benefit program. HB 1629
Distribution of compounded drugs within health systems will be allowed only to patients within the hospital or health system. SB 1366
The Department of Medical Assistance Services must add a provision to the state plan for medical assistance services allowing payment for rapid whole genome sequencing for children three years of age or younger who are receiving inpatient hospital services in an intensive care unit. This bill takes effect immediately. HB 1900
The Commissioner of Health shall establish the Women’s Menstrual Health Program to provide education and training concerning menstrual health to health care providers and the public. HB 1918
After completing 1,000 hours of practice under a practice agreement with a licensed physician or appropriate certified medical professional, a licensed certified midwife may practice independently. SB 1352.
Each health regulatory board regulated by the Department of Health Professions must enact regulations to provide a licensure by endorsement pathway for qualified applicants beginning with the Board of Medicine. HB 1861
The regulatory boards within the Department of Professional and Occupational Regulation must establish regulations allowing the issuance of a license or certification to any applicant who holds a comparable international license or certification issued by another country. HB 1940
Critical access hospitals may utilize an average of up to 10 swing beds per day without obtaining a certificate of public need. SB 1177
Collaborative agreements between pharmacists and other health care providers may include prescribing, modifying, continuing, or discontinuing of drug therapy after proof of such signed collaborative agreement is submitted to and authorized by the Board of Pharmacy. HB 1582
This bill expands dispensing of naloxone to include other opioid antagonists for persons who are acting on behalf of an organization that provides services to individuals at risk of experiencing an opioid overdose or training for such services. HB 1637
The Health Insurance Reform Commission must consider coverage for the diagnosis and treatment of infertility and for standard fertility preservation procedures in its 2025 review of the essential health benefits benchmark plan. HB 1609.
The Department of Medical Assistance Services must amend its regulations and provider manuals to clarify that remote patient monitoring services for high-risk pregnant patients includes pregnant patients with maternal diabetes and maternal hypertension. A report detailing the number of persons receiving remote patient monitoring services for maternal diabetes and maternal hypertension and the cost of providing the services must be submitted to the Governor and General Assembly by November 1, 2025. HB 1976
The VA Health Benefit Exchange must establish a special enrollment period for a pregnant qualified individual to enroll in a qualified health plan at any time. HB 2083
The State Board of Health is authorized to license pediatric extended care centers for medically dependent or technologically dependent children. Requirements must include scope of services, operation, management, staffing, facilities, and maintenance. This bill has a delayed effective date of July 1, 2026. HB 2198
MILITARY/VETERANS
When presented with a Military Protective Order issued by a commanding officer in the Armed Forces, VA National Guard or any other state, a VA court is permitted to issue an equivalent preliminary protective order. If a defendant violates the protective order, the military law-enforcement officer or agency that issued the Military Protective Order will be informed. HB 1882
When a child of a service member has disabilities and the family is transferred, the school board of the new school is required to coordinate with the child’s parent and previous school division to facilitate the prompt provision of comparable special education services and accommodations. HB 1880
School boards may establish and implement policies providing enrollment of U. S. military dependents to attend school out of division if other requirements are met. Permission may be denied if the school board demonstrates that it lacks the resources or capacity. HB 1881
This bill clarifies that the real estate tax exemption available to the surviving spouse of a member of the armed forces who died in the line of duty as determined by the U.S. Department of Defense includes the death that was the result of suicide. HB 1868
The Commissioner of the Department of Veterans Services shall assist the Department of Corrections, sheriffs, and local and regional jails in utilizing the Veterans Re-Entry Search Services system to identify incarcerated veterans in an effort to help them prepare for release or re-entry, reduce recidivism and homelessness, address the challenges of PTSD, and divert eligible veterans to treatment dockets. HB 2071
FISHING/WATERWAYS
Guidelines for fishing with trawl nets and drag nets have been modified to allow fishing within the three-mile limit of the VA Atlantic shoreline for the shrimp and horseshoe crab fisheries. HB 1697
The VA Waterway Maintenance Grant Program and Fund will be transferred from the VA Port Authority to the Marine Resources Commission. The existing Municipal Dredging Operating Program and Municipal Dredging Operating Agreement must be used. The Commission is required to use the Fast-Track Permitting Program for Disposal of Dredged Material when applicable for dredged material disposal. HB 1834.
CRIMINAL
A court may, in its discretion, dismiss a violation for driving without a license if a person can prove payment of fees and compliance with the law before the court date. This does not apply to driving commercial vehicles. The court may also dismiss driving while the person’s license is suspended or revoked if the fees are paid and if the person is now compliant under the law. HB 1643
The Department of Corrections must work with the Department of Workforce Development and Advancement to provide post-release job search assistance to those released from incarceration. HB 1759
The same penalty applies for any person who violates a protective order granted by another state as if it were an order of the Commonwealth of VA. SB 1095
The speedy trial statute is tolled pending evaluation or restoration to determine a defendant’s competency to stand trial. SB 804
The speedy trial protections apply to a misdemeanor certified to circuit court. HB 1858
When a person convicted of a crime requiring registration on the Sex Offender and Crimes Against Minors Registry applies for a name change, the attorney for the Commonwealth must make a reasonable effort to notify the victim(s) of the offense. SB 1157
Anyone who spreads rumors or threatens to shoot, bomb, burn or destroy any building, public place or any means of transportation will be charged with a Class 5 felony. If the person is under 18, it will be a Class 1 misdemeanor.
It is a Class 4 felony for anyone to fly an unmanned aircraft, a drone, in an effort to photograph or videograph controlled technical information located within a contracted defense facility. HB 1726
Anyone who hides, damages, defrauds or steals someone’s mail will be charged with a Class 6 felony. This also applies to anyone who embezzles mail, buys, receives or has someone else’s mail knowing it was unlawfully taken. The bill also covers keys that access mail receptacles in a centralized area of any neighborhood, apartment building or condominium complex. HB 1715
Installment plans for payment of fines and court costs can be $25 per month or higher depending on the defendant’s ability to pay, or less than $25 per month if he/she is determined to be indigent. HB 1661
A person under 18 years of age is guilty of a Class 1 misdemeanor if he/she makes or threatens to bomb, burn, destroy, discharge a firearm within or at, or in any manner damage a place of assembly or means of transportation or who communicates the same to another knowing the information to be false. It is a Class 5 felony if the violator is 18 or older. HB 1583
Any person receiving an award for wrongful incarceration for a felony conviction on or after January 1, 2023, shall receive, in addition to the compensation for the wrongful incarceration, not less than $30,000 for each year or fraction thereof of imprisonment after being sentenced to death or if the person was wrongly required to register with the Sex Offender and Crimes Against Minors Registry. HB 1586
As recommended by the VA Indigent Defense Commission, the Commonwealth must provide a copy of a person’s criminal history record information that is in his possession according to the rules of court for obtaining discovery or for review by the court. The criminal history record information must not be disseminated further. HB 1627
This bill removes the distinction between cocaine (powder cocaine, its salts, optical and geometric isomers and salts of isomer) and a mixture or substance that contains cocaine base (crack) for the offense of manufacturing, selling, giving, distribution, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or imitation controlled substance SB 888
The time for a victim to file a claim requesting compensation is extended from one year to three years after the occurrence of the crime or not later than three years after the death of the victim. Certain other conditions that may have blocked an award have been removed making it easier to qualify for compensation. HB 1968
Any person who maliciously threatens eviction, loss of housing, property damage, or any financial loss with the intent to cause the victim to engage in sexual intercourse is guilty of a Class 5 felony. If the victim is younger than 15 years of age, it will be an unclassified felony punishable by not less than one nor more than 20 years incarceration and a fine of not more than $100,000. HB 1998
Establishment of the VA Forensic Nursing Advisory Council: Five members appointed by the governor with expertise in forensic examination of sexual assault victims shall review and make recommendations concerning criteria to become a sexual assault forensic examiner, the process for certification, the curriculum and training program, qualifications required, and strategies for expanding access to sexual assault forensic examiners. HB 2088
The jail superintendent of every regional correctional facility must promptly report to the primary local law-enforcement agency or the State Police any act of violence. There must be a policy to investigate acts of violence and an annual report must be provided to the State Board of Local and Regional Jails by January 1 each year beginning with 2026. HB 2105
The executive director of the VA Indigent Defense Commission is added to the membership of the VA Criminal Sentencing Commission. SB 966
A person who contacts authorities seeking help for himself or another individual regarding an act of sexual violence or drug overdose will not be charged for possession or consumption of drugs or alcohol as long as he/she wasn’t the perpetrator. HB 2117
A procedure for seizure of property used in connection with exploitation of vulnerable adults is established. This complements existing legislation that makes it a felony to exploit vulnerable adults. HB 2120
The provisions related to fraud, defamation, slander, and libel have been expanded to include synthetic digital content. HB 2124
Law-enforcement may deploy an unmanned aircraft system without a warrant in the case of an accident where it’s relevant to survey the scene, to survey a primary residence of a subject of arrest warrant to form a plan or, locate a person sought for arrest. HB 2177
REAL ESTATE
The Eviction Diversion Pilot Program expiration date of July 1, 2025 has been removed. The Program is now available to all general district courts. SB 830
An inter vivos deed is effective to revoke a recorded transfer on death deed if the transferor is no longer the owner at the time of his/her death. No express language is needed for the revocation. HB 1871
Before a city treasurer has authority to sell real property, there must be three years delinquent taxes and more than $15,000 owed. This is an increase from $10,000. There are certain provisions regarding vacant land, improvements, urban redevelopment and other properties. HB 1792
The Real Estate Board is prohibited from charging a fee to a real estate licensee for the transfer of his/her license from one office to another within the same firm. SB 785
The provision requiring that a written agreement between a real estate agent and buyer or tenant must be signed prior to the agent showing properties is repealed. HB 1684
If applicable, the Landlord must provide written notice of non-renewal no less than sixty-days prior to the termination of the lease. HB 1867
The condemning entity in an eminent domain action must provide a landowner a report showing all matters that affect the current ownership, liens, encumbrances and other title issues. HB 1690
The resale certificate form developed by the Common Interest Community Board must include a statement indicating that the governing documents of an association may make an owner responsible for payment of all or part of the deductible when making a claim against any insurance provided by the association or insurance coverage required or recommended by the owners. SB 808
Limits per claim were increased from $20,000 to $30,000 for the VA Contractor Transaction Recovery Fund. This is recoverable upon an unpaid judgment arising out of the improper or dishonest conduct of a licensed contractor in connection with a single transaction. Other recovery amounts are similarly increased. HB 1707
The VA Residential Property Disclosure Act requires that the owner of a residential real property include a disclosure statement given to a potential purchaser that includes a statement that the owner makes no representations regarding proximity to a public use airport or noise from aircraft. The Department of Aviation must establish and provide to the Real Estate Board a website address that allows purchasers to access airport and aircraft noise zones. The website address must be provided to a purchaser and signed by the parties. SB 1210
This bill clarifies that the property of a tax-exempt organization includes the property of a single-member limited liability company whose sole member is a tax-exempt organization. HB 1896
Provisions through which a locality may offer a real estate tax exemption and deferral program for elderly and disabled individuals have been modified in regard to past due taxes and fees. HB 2029
Civil penalties up to $500 per month may be imposed on owners of derelict commercial buildings. This is an expansion of the same that applies to residential properties. HB 2128
Offering services as a professional mold remediator to a residential property is prohibited unless the remediator has been certified by a nationally recognized body for mold remediation. A workforce is established to determine whether a Commonwealth certification of mold inspectors and remediators would benefit the public. HB 2195
MISCELLANEOUS
The exemption from sales and use tax for veterinarians purchasing prescription medicines and drugs for use within their practice has been extended three years to July 1, 2028. HB 1698
Upon a person’s request, DMV may indicate on a driver’s license, ID card, and a vehicle registration that the holder has a non-apparent disability that can impair communication. HB 2116
A bridge in Smyth County will be designated as the “Deputy Hunter D. Reedy Memorial Bridge.” Twenty-seven year old Reedy was shot and killed during a traffic stop.
A person younger than 21 years of age is prohibited from possessing any retail tobacco or hemp product intended for smoking. The product shall be deemed contraband and may be seized by a law-enforcement officer and forfeited and disposed of. Seizure is the sole penalty. If a person does not have a license to sell, deal, transport or ship liquid nicotine or vapor products to retailers but does so, they are subject to a $400 penalty. HB 1946
This bill creates the VA Sports Tourism Grant Program which will be administered by the VA Tourism Authority to provide grants to sports tourism activity sponsors. HB 1901
The State Treasurer may make payments up to $5,000 for unclaimed property without receiving a claim if the property is cash, the apparent owner is a natural person and the sole owner of the property has been identified by the Treasurer. SB 996
No state agency may require as a condition of eligibility for hire that an application for state employment have a baccalaureate degree unless the position requires skills, knowledge or abilities that can only reasonably be obtained by such a degree. SB 1014
The duties, rights, or benefits of the insured under a fire insurance policy deriving from a claim may not be assigned or transferred to any other person without written consent of the insurer. HB 1628
Civil immunity is expanded for persons who participate in professional programs related to career fatigue and wellness for health care professionals to include those who participate in programs for any health care professionals licensed, registered, or certified by the Department of Health Professions or students enrolled in programs that are prerequisites to licensure, registration, or certification. HB 1636
When the VA Parole Board is investigating cases for executive clemency, the courts and Department of Forensic Science must turn over all records within 30 days without charge. Those records are excluded from mandatory public disclosure under the VA Freedom of Information Act. HB 1692
Voting registration records will be closed 10 days before a primary or general election (reduced from 21 days) and for 10 days before a special election (reduced from 13). HB 1735
Randolph-Macon Academy is added to the list of educational institutions of which officers shall be commissioned officers of the VA state militia.
The VA Lottery may not disclose information about any individual winner whose prize is $1 million or greater without their consent. This is a decrease from the previous $10 million amount. HB 1799
Employees of contributing nonprofit private institutions of higher education and contributing private police departments may receive benefits granted to employees under the Line of Duty Act. HB 1815
The Secretary of Public Safety & Home Security and the Secretary of Finance must evaluate public safety communications infrastructure and report any needs for updates and hardware replacements plus the cost of meeting the needs. HB 1820
The State Corporation Commission must consider the prudency of using advanced conductors in making determinations regarding the need, corridor, route, or method of installation for applications for the construction of transmission lines of 138 kilovolts or more. This bill has a delayed effective date of January 1, 2026. HB 2025
In an effort to standardize the regulation of money transmitters across the 50 states, this bill provides provisions for the licensure of money transmitters and replaces existing state law regulating them. HB 1942
Aircraft registration fees are increased and a multi-year registration for aircraft is created for a period not to exceed three years. SB 948
Certain towing, traffic management, and highway maintenance vehicles may be equipped with a portable changeable message sign. HB 2074
The type of recipients for loans and grants from the VA Community Flood Preparedness Fund shall be expanded from only localities to include tribes. SB 1335
Vehicles used by local departments of social services may use amber warning lights when responding for assistance from law-enforcement personnel. HB 1856
Vehicles certified by the Mine Safety and Health Administration may be equipped with flashing or blinking red and white warning lights. HB 2211
The National Architectural Accrediting Board must establish regulations to allow work and education experience equivalencies as an alternative to a professional degree in architecture. HB 2154
CONCLUDING COMMENT
This list of bills is not complete. For any bills or topics that are of particular importance to you, conduct more research, or contact a lawyer who can analyze how a particular law may apply to your situation.
Kathryn Byler is a Pender & Coward attorney focusing her practice on real estate, business, guardianships, and estate planning matters. Kathryn is an adjunct professor at Regent Law School, a licensed real estate broker, and a member of the Virginia Beach Planning Commission.