New Laws Take Effect July 1

This year, more than 800 bills were enacted into law by the Virginia legislature. Below is a summary of 29 high-profile laws that take effect on July 1.

Alcohol

Extends legalization of alcoholic beverage delivery

Extends the sunset from July 1, 2022 to July 1, 2024 on prior legislation that allowed the delivery of alcoholic beverages from licensed businesses for off-premises consumption.

Business/Labor

Rollback overtime pay protections

Scales back sweeping overtime pay protections that the General Assembly passed last year. Workers who prove an employer knowingly failed to pay overtime can seek double the back pay, down from triple. Some, like live-in domestic workers and agricultural laborers, would lose their protection.

Protected leave for eviction processes

Prohibits employers from taking action against employees who miss work to attend eviction proceedings.

Banks can provide virtual currency custody services

Permits banks in the Commonwealth to provide virtual currency custody services so long as the banks have appropriate measures in place to manage the associated risks.

Insurance for organ donors

Prohibits refusal to insure individuals based on their status as an organ or bone marrow donor.

Civil Action

Civil action for non-consensual explicit images

Creates a civil action for sending explicit images electronically to another person without consent. The images shall be considered a trespass and the sender shall be liable to the recipient of the intimate image for actual damages or $500, whichever is greater.

Education

Requires principals to report certain misdemeanors

Requires that school principals report to law enforcement certain enumerated acts that may constitute a misdemeanor offense and report to the parents of any minor student who is subject to the offense that the incident has been reported to law enforcement.

Parent notification for sexually explicit content

Requires the Department of Education to put in place policies that ensure parental notification of sexually explicit content in instructional material and that schools provide an alternative content option for students whose parents request it.

Post comparative metrics on higher education

Requires the Council on Higher Education to post certain consumer-related metrics (including average student debt, graduation rates and average wages of graduates) for all state colleges and universities.

Allows compensation for intercollegiate student-athletes for use of name, image or likeness

Establishes several parameters to allow for the compensation and representation of an intercollegiate student-athlete related to the use of such student's name, image or likeness.

Governor's schools' admissions

Prohibits anyone involved in a Governor's schools' admissions process to discriminate based on race, sex, color, ethnicity or national origin.

Hazing prevention training at higher education institutions

Establishes mandates at institutions of higher education to provide new member hazing prevention training for all organizations where hazing might occur.

Elections

Reporting absentee voting results by precinct

Requires general registrars of each locality to report to the Department of Elections the results of absentee ballots from each precinct in their respective locality.

Increased penalty for negative political advertisements

Increases the maximum penalty for campaigns for advertisements or telephone calls that expressly advocate against a candidate from $10,000 to $25,000.

Referendum required for Martinsville to revert to town status

Martinsville must ensure approval of its voters to revert from a city to a town through a referendum.

Gaming

Ban on the phrase "Virginia is for bettors"

Prohibits gaming businesses from using the phrase "Virginia is for Bettors" in an advertisement with a violation subject to a civil penalty of up to $50,000.

Texas Hold'em poker restrictions

Prohibits organizations qualified to conduct Texas Hold'em poker tournaments from conducting Texas Hold'em games with no predetermined end time and players wagering real money.

Governor's Powers

Limits the length of emergency orders

A governor's orders issued under the state's Emergency Services and Disaster Law will remain in effect for only 45 days.

Healthcare

Mental health telemedicine

Allows healthcare professionals licensed in other states to provide telehealth behavioral health services in Virginia.

Removes state registration requirement for medical cannabis

Removes the state's Board of Pharmacy registration requirement for purchasing medical cannabis and the medical cannabis license fee of $50. Those seeking the license must still obtain approval from a registered practitioner for medical cannabis.

Hospitals must screen patients for medical assistance eligibility

Requires hospitals to screen all uninsured patients to determine if they are eligible for Medicaid, state medical assistance or the hospital's financial assistance plan. A hospital cannot engage in extraordinary collection actions to recover debts for medical services until the hospital has properly screened the patient.

Hunting

Hunting on Sundays

Permits hunting on Sunday as long as it takes place more than 200 yards from a place of worship.

Law Enforcement

Police use of facial recognition technology

Authorizes local law enforcement agencies, campus police departments, and the Department of State Police to use facial recognition technology for certain authorized uses.

Prohibits arrest quotas

Prohibits the establishment of a quota that requires law-enforcement officers to make a specific number of arrests or issue a specific number of summonses.

Family notification before release of criminal investigation records

Provides that no criminal investigative file may be released to anyone other than the victim, the victim's immediate family, or the victim's parent or guardian without notice to the family. Provides the family 14 days to file an injunction to prevent the release of records.

Selling or possessing switchblades

Eliminates the prohibition on selling, bartering, giving, furnishing, or possessing with the intent of selling, bartering, giving or furnishing a switchblade.

Makes 'Marcus Alert' optional for small localities

Delayed implementation of 'Marcus Alert' by one year for all localities and made it optional for localities with less than 40,000 people. 'Marcus Alert' is a system to involve mental health professionals when first responders answer calls involving persons suffering a behavioral health crisis.

Traffic

Bicycles and other vehicles riding two abreast

Prohibits persons riding bicycles, electric personal assistive mobility devices, electric scooters or electric skateboards from riding two abreast in a way that may slow traffic and requires them to move into single-file formation.

Parking in electric vehicle charging spots

Prohibits a person from parking a vehicle not capable of receiving an electric charge or not in the process of charging in a space clearly marked as reserved for charging electric vehicles.

Sources: Bills highlighted above were selected from an annual Legislative Services publication of legislation enacted and VPAP research of bills that passed with significant opposition.

June 30, 2022