Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees. Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees. The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan. The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution. Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth.

Charitable gaming; registration of landlords; Texas Hold'em poker operations. Provides that the Department of Agriculture and Consumer Services may promulgate regulations that require any landlord that leases to a qualified charitable organization any premises devoted in whole or in part to the conduct of bingo games or any other charitable gaming to register with the Department. The bill also prohibits an organization qualified to conduct Texas Hold'em poker tournaments from conducting any Texas Hold'em poker games where the game has no predetermined end time and the players wager actual money or poker chips that have cash value. The bill contains technical amendments. Charitable gaming; registration of landlords; Texas Hold'em poker operations. Provides that the Department of Agriculture and Consumer Services may promulgate regulations that require any landlord that leases to a qualified charitable organization any premises devoted in whole or in part to the conduct of bingo games or any other charitable gaming to register with the Department. The bill also prohibits an organization qualified to conduct Texas Hold'em poker tournaments from conducting any Texas Hold'em poker games where the game has no predetermined end time and the players wager actual money or poker chips that have cash value. The bill contains technical amendments.

Local correctional facilities; fees. Directs the State Board of Local and Regional Jails (the Board) to convene a work group to study implementation of the reduction or elimination of certain fees associated with inmates in local correctional facilities. The bill provides that the work group shall consist of two members of the House Committee on Public Safety who are not members of the same political party and two members of the Senate Committee on Rehabilitation and Social Services who are not members of the same political party. Such legislative members shall appoint as members of the work group one formerly incarcerated person, one family member of an incarcerated person, and at least one representative of certain organizations and companies. The bill directs the Board to report its findings to the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Public Safety by October 1, 2022.

Commonwealth Health Reinsurance Program; federal risk adjustment program. Eliminates the requirement that the State Corporation Commission consider transfers made under the federal risk adjustment program to eliminate double reimbursement for high-cost cases as a factor when establishing payment parameters for the benefit year under the Commonwealth Health Reinsurance Program. The bill also eliminates the requirement that the Commission factor in transfers received for an enrolled individual under the federal risk adjustment program when calculating each reinsurance payment based on an eligible carrier's incurred claims costs for a covered person's covered benefits in the applicable benefit year.

Public elementary and secondary schools; agreements to establish opportunity classrooms. Requires each school board to enter into an agreement, upon request, with a public elementary or secondary school teacher or a group of such teachers in a local school division who represents more than 20 students to establish an opportunity classroom, which the bill defines as a classroom in which a curriculum in English, mathematics, science, history and social science, and any other subject area, as set forth in such agreement, is offered that is different than any curriculum that is otherwise offered in such subject areas in the local school division. The bill permits each school board to enter into such agreement for an opportunity classroom if the requesting teacher or group of teachers represents fewer than 20 students. The bill contains requirements for such agreements to establish opportunity classrooms and provisions relating to funding for opportunity classrooms and for services, transportation, and assessments for students who are enrolled in an opportunity classroom.

Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint members and alternate members of the Board. The Board is required to meet in open session at least four times annually, with certain exceptions and requirements. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The Board is tasked with identifying prescription, generic, and other drugs, as defined in the bill, and, in the Board's discretion, conducting an affordability review of the prescription drug product. Factors for the Board to consider that indicate an affordability challenge are listed in the bill. Any person aggrieved by a decision of the Board may request an appeal of the Board's decision, as provided in the bill, and the Attorney General shall have authority to enforce the provisions of the bill. The bill also creates the Prescription Drug Affordability Fund to be used for funding operations of the Board and reimbursing other state agencies for implementing the provisions of the bill. The Board is required to report to the General Assembly twice annually, beginning on July 1, 2023, and December 1, 2023. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. Medicare Part D plans shall not be bound by such decisions of the Board. The bill contains a severability clause and has a delayed effective date of January 1, 2023.

Dangerous and vicious dogs; civil liability; knowledge of propensity not required. Provides that a dog owner may be civilly liable for a bite or attack by his dog regardless of whether he knew or should have known of such dog's propensity for vicious, dangerous, or otherwise aggressive behavior.

Public elementary and secondary school students; ability to pay for meals and school meal debt; extracurricular school activities. Requires each school board to adopt policies that prohibit the school board or any school board employee from denying a student the opportunity to participate in any extracurricular school activity because the student cannot pay for a meal at school or owes a school meal debt.

Study; joint subcommittee to study pandemic response and preparedness in the Commonwealth; report. Establishes a joint subcommittee to study pandemic response and preparedness in the Commonwealth. In conducting its study, the joint subcommittee is tasked with examining existing laws in the Commonwealth and developing recommendations regarding the pandemic response and future needs of the Governor, the General Assembly, local governments, public and private health care systems and other facilities and providers, health districts, the judicial system, K-12 and higher education systems, and the business regulatory system. Study; joint subcommittee to study pandemic response and preparedness in the Commonwealth; report. Establishes a joint subcommittee to study pandemic response and preparedness in the Commonwealth. In conducting its study, the joint subcommittee is tasked with examining existing laws in the Commonwealth and developing recommendations regarding the pandemic response and future needs of the Governor, the General Assembly, local governments, public and private health care systems and other facilities and providers, health districts, the judicial system, K-12 and higher education systems, and the business regulatory system.

James River watershed; timeline for compliance with regulations of certain combined sewer overflow outfalls. Advances the timeline from 2035 to 2030 for work on construction related to any consent special order issued by the State Water Control Board (the Board) for certain combined sewer overflow (CSO) systems east of Charlottesville that discharge into the James River. The bill requires annual reporting about the impact of CSO system funding on ratepayers, particularly economically disadvantaged ratepayers. The bill also requires the Board to extend the compliance deadline if it determines that the CSO system operator has not secured grant funding in an amount sufficient to meet the deadline without an adverse impact on ratepayers, particularly economically disadvantaged ratepayers. James River watershed; timeline for compliance with regulations of certain combined sewer overflow outfalls. Advances the timeline from 2035 to 2030 for work on construction related to any consent special order issued by the State Water Control Board (the Board) for certain combined sewer overflow (CSO) systems east of Charlottesville that discharge into the James River. The bill requires annual reporting about the impact of CSO system funding on ratepayers, particularly economically disadvantaged ratepayers. The bill also requires the Board to extend the compliance deadline if it determines that the CSO system operator has not secured grant funding in an amount sufficient to meet the deadline without an adverse impact on ratepayers, particularly economically disadvantaged ratepayers.

Children's Services Act; special education programs. Expands eligibility for services under the Children's Services Act to students who transfer from an approved private school special education program to a public school special education program established and funded jointly by a local governing body and school division located within Planning District 16 (George Washington Regional) for the purpose of providing special education and related services when (i) the public school special education program is able to provide services comparable to those of an approved private school special education program and (ii) the student would require placement in an approved private school special education program but for the availability of the public school special education program.

Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2022 through 2026 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures, (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons, and (iii) live in the same primary residence as the eligible family member for no fewer than 183 days during the taxable year. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued.

Pensions; hazardous duty pay. Provides that service in the Fire and Rescue Department of the Virginia Air National Guard shall be treated as service in a hazardous position for purposes of the hazardous duty supplement or increased retirement multiplier in the State Police Officers' Retirement System, in the Virginia Law Officers' Retirement System, or as a local law-enforcement officer eligible for similar benefits. The bill applies to creditable service earned before July 1, 2022, but only allows additional benefits to be paid prospectively.

Voter registration; registration permitted up to and including the day of the election. Repeals a provision that would permit any person who is qualified to register to vote to register to vote in person up to and including the day of the election, notwithstanding any deadline for the close of registration records. The repeal will limit the persons who are entitled to register to vote after the close of registration records to (i) any member of a uniformed service of the United States who is on active duty, (ii) any person residing temporarily outside of the United States, and (iii) the spouse or dependent residing with someone listed in (i) or (ii).

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished. Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.