Cigarette delivery sales; definition. Removes from the exceptions enumerated in the definition of "delivery sale" the delivery of cigarettes, not through the mail or by a common carrier, to a consumer performed by the owner, employee, or other individual acting on behalf of a retailer authorized to sell such cigarettes. This bill is identical to HB 2370.

Department of Human Resource Management; hiring on the basis of direct experience. Prohibits any state agency from requiring as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree. The bill provides an exception to such prohibition if the knowledge, skills, or abilities required for the position for which an applicant is applying can only reasonably be obtained, as determined by the appointing authority, through a course of study in pursuit of, and culminating in the award of, a baccalaureate degree. This bill is identical to HB 1611.

Line of Duty Act; campus police officers; private police officers. Provides employees of contributing nonprofit private institutions of higher education and contributing private police departments, as those terms are defined in the bill, with the benefits granted to employees of participating employers under the Line of Duty Act. The bill clarifies that the Line of Duty Act shall not apply to any (i) private institution of higher education that is not a contributing nonprofit private institution of higher education or (ii) private police department that is not a contributing private police department. The bill requires each contributing nonprofit private institution of higher education and contributing private police department to pay its pro rata share of the initial costs to implement the bill, as determined by the Virginia Retirement System. This bill is identical to HB 1815.

Labor and employment; covenants not to compete prohibited; exceptions; civil penalty. Provides that, for the purposes of the prohibition in existing law against an employer entering into, enforcing, or threatening to enforce a covenant not to compete with any low-wage employee, "low-wage employee" includes an employee who, regardless of average weekly earnings, is entitled to overtime compensation under federal law for any hours worked in excess of 40 hours in any one workweek. Any employer that violates the bill's provisions is subject to a civil penalty in existing law of $10,000 for each violation.

Damage or trespass to public services or utilities; penalty. Provides that any person who intentionally destroys or damages any facility, fixtures, equipment, or information technology system used to provide, process, transmit, furnish, or maintain public services, utilities, or other critical infrastructure is guilty of a Class 3 felony. Under current law, any person convicted of intentionally destroying or damaging public services or utilities is guilty of a Class 4 felony. If the destruction or damage to such public services, utilities, or other critical infrastructure can be repaired for less than $1,000, such act is a Class 1 misdemeanor. Current law provides that repairable damage is a Class 3 misdemeanor. The bill also makes it a Class 3 felony if such destruction or damage might threaten the release of increased radioactive materials or ionizing radiation. If exposure to such increased release of radioactive materials or ionizing radiation causes injury to another person, the person causing the damage or destruction is guilty of a Class 2 felony; however, it is a Class 1 felony if such damage or destruction causes the death of another person.

Public officers; death, resignation, or ceasing to hold office; automatic substitution. Provides that certain provisions providing for the dismissal of an action where a party fails to make a motion for substitution of parties when such motion is necessary do not apply in actions where a public officer is a party in an official capacity, provided that the only claim in such action was made against such public officer in his official capacity, and such officer dies, resigns, or otherwise ceases to hold office while an action is pending. In any such instance, such public officer's successor shall be automatically substituted as a party. As introduced, this bill was a recommendation of the Boyd-Graves Conference.

Superintendent of Public Instruction; programs providing instructional experience in horse riding; exemption from licensure. Exempts from the requirements for licensure of child day programs by the Superintendent of Public Instruction programs providing instructional experience in horse riding, provided that (i) such a program is taught (a) by an adult with a recognized certification in horse riding instruction and (b) to fewer than 12 children at any time, (ii) at least one adult actively supervises no more than three children at any time during such a program, and (iii) the majority of programming for any such program relates to horse riding and equine activities.

Virginia Consumer Protection Act; Department of Professional and Occupational Regulation; mold remediation; emergency. Prohibits the selling or offering for sale of services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from a nationally or internationally recognized certifying body for mold remediation. The bill also requires such professionals to comply with pertinent standards in conducting remediation. Finally, the bill directs the Department of Professional and Occupational Regulation to study the state of the mold inspection and mold remediation workforce in the Commonwealth to determine whether the licensure or certification of mold inspectors and remediators would benefit the public health, safety, and welfare and submit a report by January 1, 2026. This bill incorporates HB 2355 and contains an emergency clause.

Model policy for law-enforcement officer investigating overdose; notification to prescriber. Requires the Department of Criminal Justice Services to establish a model policy for best practices for law-enforcement officers responding to or investigating an overdose to notify the prescriber of any controlled substance found to be in the possession of or ingested by the victim that such prescription was involved in an overdose.

Children's Services Act; state pool of funds. Makes a number of changes to the Children's Services Act state pool of funds for the provision of public or private nonresidential or residential services for troubled youth and families, including (i) removing the requirement that the Office of Children's Services consult with private special education services providers in developing the standard reporting template for tuition rates; (ii) removing from the purpose of the state pool of funds the consolidation of categorical agency funding and the institution of community responsibility for the provision of services; (iii) removing language specifying that references to funding sources and current placement authority for the target population served by the state pool of funds are for the purpose of accounting for the funds and should not be intended to categorize children and youth into funding streams in order to access services; (iv) modifying the target population served by the state pool of funds by (a) removing references to the Department of Education's private tuition assistance and the Interagency Assistance Fund for Noneducational Placement for Handicapped Children and (b) adding children and youth who are determined to be a child in need of services, as such term is defined in relevant law; (v) removing the requirement that the financial and legal responsibility for certain special education services remains with the placing jurisdiction, unless the placing jurisdiction has transitioned all appropriate services; (vi) requiring that the uniform assessment instrument used to determine eligibility for funding through the state pool of funds be approved by the State Executive Council for Children's Services; and (vii) modifying the eligibility criteria for funding through the state pool of funds by adding language that (a) specifies that the child or youth's emotional or behavioral problems have resulted in the child or youth, or place the child or youth at imminent risk of, entering purchased residential care and (b) includes the determination by a court that the child or youth is a child in need of services, as such term is defined in relevant law. The bill also includes technical changes. This bill is a recommendation of the Virginia Commission on Youth.

Advanced Emergency Training and First Aid Equipment Grant Fund and Program established. Establishes the Advanced Emergency Training and First Aid Equipment Grant Fund and Program for the purpose of awarding grants from the Fund on a merit-based, competitive basis to school divisions to cover the cost of advanced emergency training of school board employees whose positions involve regular interaction with students and to purchase emergency first aid equipment for schools in the school division.

Charter; Town of Richlands. Amends the charter for the Town of Richlands in Tazewell County by requiring that proposed ordinances be presented, rather than read, at two regular meetings prior to adoption. The bill also requires the town manager to reside within the town within a contractually stated grace period, rather than during the tenure of office. This bill is identical to SB 873.

Funerals; disagreements among next of kin. Permits funeral service establishments to proceed with funeral and disposition arrangements upon authorization from any next of kin after 30 days have passed since the funeral service establishment learned of a dispute between next of kin. Such procedure may only occur if the funeral service establishment has not received written notice of agreement among the next of kin or a court order resolving the dispute within the 30-day period.

Electric utilities; retail customer return to service. Changes from five years' advance written notice to one year's advance written notice the requirement for a retail customer of electric energy to return to service by an incumbent electric utility. The bill requires that electric energy sold by a licensed supplier be generated by renewable portfolio standard eligible sources.

Transfer of prisoners convicted of designated illegal acts. Requires the United States Immigration and Customs Enforcement, with the consent of the appropriate state authorities, to take physical custody of and responsibility for any alien upon conviction of certain felony offenses. Under current law, such agency has discretion to take physical custody of any such alien. Additionally, the bill adds any felony violation of criminal sexual assault to the list of such authorized felony offenses.