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2020 SESSION

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Senate Committee on General Laws and Technology

Chair: George L. Barker

Date of Meeting: February 27, 2020
Time and Place: 15 minutes after Senate Adjourns / SR A, Pocahontas Building

H.B. 321

Patron: Levine

Virginia Freedom of Information Act; electronic meetings; serious medical condition of immediate family member. Allows a public body to conduct a meeting through electronic communication means if, on or before the day of a meeting, a member of the public body holding the meeting notifies the chair of the public body that he is unable to attend due to a serious medical condition of an immediate family member that prevents the member's physical attendance. The bill also limits such participation in an electronic meeting due to a personal matter to either two meetings per calendar year or 10 percent of the meetings held that calendar year, rounded up to the nearest whole number, whichever is greater.

A BILL to amend and reenact § 2.2-3708.2 of the Code of Virginia, relating to the Virginia Freedom of Information Act; electronic meetings; serious medical condition of immediate family member.

20104275D

H.B. 396

Patron: Kory

Redevelopment and housing authority; compensation of commissioners. Increases from $150 to $500 per month the maximum compensation that may be paid to a redevelopment and housing authority commissioner.

A BILL to amend and reenact § 36-11.1:1 of the Code of Virginia, relating to redevelopment and housing authority; compensation of commissioners.

20101023D

H.B. 581

Patron: Guzman

Department of Human Resource Management; required online training for LGBTQ cultural competency. Requires the Department of Human Resource Management to develop an online training module addressing lesbian, gay, bisexual, transgender, and queer (LGBTQ) cultural competency. The bill requires all state employees commencing or recommencing employment with the Commonwealth on or after January 1, 2021, to complete such training within 90 days of commencing or recommencing such employment and all persons employed with the Commonwealth on January 1, 2021, to complete such training no later than April 1, 2021.

A BILL to amend and reenact §§ 2.2-1201 and 51.1-1101 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 12 of Title 2.2 a section numbered 2.2-1211, relating to the Department of Human Resource Management; required online training for LGBTQ cultural competency.

20101109D

H.B. 624

Patron: Hurst

Office of the Attorney General; Division of Human Rights; compensation discrimination information. Provides that any company that employs 100 or more employees shall annually provide certain compensation information for each employee to the Division of Human Rights. The bill requires the Division, by November 30 of each year, to utilize such information to develop a standard for how to evaluate discrimination in compensation on the basis of gender. For purposes of the bill, "employer" is defined as an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within the Commonwealth who employs another to work for wages or salaries or on commission.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 5 of Title 2.2 a section numbered 2.2-520.1, relating to the Office of the Attorney General; Division of Human Rights; compensation discrimination information.

20107023D

H.B. 932

Patron: Simonds

Department of Professional and Occupational Regulation; natural gas automobile mechanics and technicians; removal of certification requirement. Removes the certification requirement for, and associated regulatory authority over, the occupation of natural gas automobile mechanics and technicians by the Department of Professional and Occupational Regulation.

A BILL to repeal Chapter 23.4 (§§ 54.1-2355 through 54.1-2358) of Title 54.1 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; natural gas automobile mechanics and technicians.

20102887D

H.B. 935

Patron: Willett

Economic development programs; reporting requirements. Clarifies the due dates for plans and reports to be prepared and submitted by the Virginia Economic Development Partnership Authority to various individuals and repeals the requirement that the Secretary of Commerce and Trade provide an annual report on the effectiveness of economic development programs in the Commonwealth. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-115, 2.2-2237.1, 2.2-2237.3, 2.2-2238, and 2.2-2242 of the Code of Virginia and to repeal §§ 2.2-206.2 and 2.2-2238.1 of the Code of Virginia, relating to economic development programs; reporting requirements.

20106094D

H.B. 1049

Patron: Levine

Prohibited discrimination; sexual orientation and gender identity. Prohibits discrimination in employment, public accommodation, public contracting, apprenticeship programs, housing, banking, and insurance on the basis of sexual orientation or gender identity. The bill also adds discrimination based on sexual orientation or gender identity to the list of unlawful discriminatory housing practices. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-2203.3, 2.2-3004, 2.2-3900 through 2.2-3903, 2.2-4200, 2.2-4201, 2.2-4310, 2.2-4311, 2.2-4343.1, 4.1-101.05, 6.2-501, 15.2-853, 15.2-854, 15.2-965, 15.2-1131, 15.2-1507, 15.2-1604, 15.2-6314.1, 22.1-212.6:1, 22.1-306, 22.1-349.3, 23.1-1009, 23.1-1017, 23.1-2213, 23.1-2312, 23.1-2405, 23.1-2415, 23.1-3011, 23.1-3138, 36-55.26, 36-96.1 through 36-96.3, 36-96.4, 36-96.6, 37.2-707, 38.2-508.2, 38.2-2114, 38.2-2115, 38.2-2212, 38.2-2213, 38.2-3407.10, 40.1-121, 46.2-1503.2, 51.1-124.27, 51.5-166, 51.5-170, 55.1-1310, 58.1-3651, 58.1-4024, 62.1-129.1, and 63.2-608 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2901.1, 15.2-1500.1, and 22.1-295.2, relating to prohibited discrimination; sexual orientation and gender identity.

20104785D

H.B. 1078

Patron: Hope

Virginia Public Procurement Act; process for competitive negotiation; including employment of persons with a disability as a factor in evaluating proposals. Provides that, except with regard to contracts for architectural or professional engineering services, a public body may include a proposer's employment of persons with disabilities to perform the specifications of the contract as a factor in evaluating a proposal.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to the Virginia Public Procurement Act; process for competitive negotiation; including employment of persons with a disability as a factor that will be used in evaluating a proposal.

20104594D

H.B. 1082

Patron: Hayes

Emergency Services and Disaster Law; definition of disaster; incidents involving cyber systems. Defines "cyber incident" for purposes of the Emergency Services and Disaster Law as an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon. The bill provides that a cyber incident may include a vulnerability in information systems, system security procedures, internal controls, or implementations that could be exploited by a threat source. The bill contains technical amendments.

A BILL to amend and reenact § 44-146.16 of the Code of Virginia, relating to Emergency Services and Disaster Law; definition of disaster; incidents involving cyber systems.

20102213D

H.B. 1106

Patron: Hudson

Health insurance program for local government employees; transit companies. Adds employees of a transit company to the definition of "employees of local governments" for the purposes of the Commonwealth's health insurance program for local government employees. The bill defines "transit company" as a public service corporation wholly owned by a locality, or combination of localities, that provides public transportation services.

A BILL to amend and reenact § 2.2-1204 of the Code of Virginia, relating to health insurance program for local government employees; transit companies.

20101507D

H.B. 1134

Patron: Lopez

Department of Small Business and Supplier Diversity; definitions; small business. Redefines "small business" for the purposes of programs for the Department of Small Business and Supplier Diversity and the Virginia Public Procurement Act (§ 2.2-4300 et seq.) to mean a business that together with its affiliates has both 250 or fewer employees and average annual gross receipts of $10 million or less averaged over the previous three years. Currently for these programs, a business qualifies as a small business if, together with its affiliates, it has either 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1617, and 2.2-4310 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; definitions; small business.

20101639D

H.B. 1221

Patron: Tran

Department of Small Business and Supplier Diversity; one-stop small business permitting program; guidance regarding responsibilities for maintaining a business. Requires the Department of Small Business and Supplier Diversity to develop and provide guidance to businesses with newly approved permits regarding responsibilities and requirements for maintaining the business. The bill has a delayed effective date of July 1, 2021.

A BILL to amend and reenact § 2.2-1617 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; one-stop small business permitting program; guidance regarding responsibilities for maintaining a business.

20107438D

H.B. 1228

Patron: Tran

Fair Employment Contracting Act; sexual harassment policy. Requires contracting agencies that employ more than five employees and that enter into government contracts of over $10,000 to include a provision in the contract requiring (i) the contractor to provide training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth that have not received such training or any sexual harassment training required by the Department of Human Resource Management within the year in which the contract is signed and (ii) that the contractor agree to post the contractor's sexual harassment policy in (a) a conspicuous public place in each building located in the Commonwealth owned or leased by the contractor for business purposes or (b) the contractor's employee handbook.

A BILL to amend and reenact § 2.2-4201 of the Code of Virginia, relating to the Fair Employment Contracting Act; sexual harassment policy.

20107556D

H.B. 1249

Patron: Torian

Manufactured Home Lot Rental Act; manufactured home park; termination due to sale of park; notice. Provides that where the sale of a manufactured home park is due to a change in the use of all or any part of a manufactured home park by the landlord, including conversion to hotel, motel, or other commercial use, planned unit development, rehabilitation, or demolition, a 180-day written notice is required to terminate the rental agreement. The bill also requires a manufactured home park owner who offers or lists the park for sale to a third party to provide written notice to (i) the Department of Housing and Community Development, which shall make the information available on its website within five days of receipt, and (ii) each tenant of the manufactured home park at least 90 days prior to accepting an offer. The bill provides tenants who have been evicted from a manufactured home park with 90 days after a judgment has been entered in which to rent the manufactured home to a subtenant, contingent on the subtenant's making a rental application to the manufactured home park owner within such 90-day period and approval by the home park owner of such rental application from the subtenant. This bill incorporates HB 1163 and HB 1229.

A BILL to amend and reenact §§ 55.1-1308, 55.1-1309, 55.1-1311, and 55.1-1316 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55.1-1308.1, relating to Manufactured Home Lot Rental Act; manufactured home park; termination due to sale of park; notice.

20107393D

H.B. 1333

Patron: Keam

Landlord and tenant; damage insurance in lieu of security deposit. Provides that a landlord may permit a tenant to provide damage insurance coverage meeting certain criteria in lieu of the payment of a security deposit. The bill also caps the total amount of any combination of security deposit and rental insurance coverage required by the landlord to twice the amount of the periodic rent payment, and provides that a tenant who initially opts to provide damage insurance in lieu of a security deposit may, at any time without consent of the landlord, opt to pay the full security deposit to the landlord in lieu of maintaining a damage insurance policy.

A BILL to amend and reenact §§ 55.1-1204, 55.1-1206, 55.1-1208, and 55.1-1226 of the Code of Virginia, relating to landlord and tenant, damage insurance in lieu of security deposit.

20106858D

H.B. 1354

Patron: Plum

Plastic Waste Pollution Prevention Advisory Council. Establishes in the executive branch of state government the Plastic Waste Pollution Prevention Advisory Council to study and make recommendations regarding plastic pollution problems in the Commonwealth, with the mission of eliminating plastic waste and contributing to the achievement of plastics packaging circular economy industry standards. The bill has a sunset date of June 30, 2023.

A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 36, consisting of sections numbered 2.2-2699.8, 2.2-2699.9, and 2.2-2699.10, relating to Plastic Waste Prevention Advisory Council.

20106528D

H.B. 1418

Patron: Watts

Virginia Human Rights Act; workplace harassment; civil actions by private parties. Creates a cause of action against any employer employing more than five employees who discharges or engages in an unlawful discriminatory act against any employee on the basis of race; color; religion; national origin; sex; sexual orientation; gender identity; pregnancy; childbirth or related medical conditions, including lactation; marital status; status as a veteran; or age, if the employee if 40 years of age or older. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages and reasonable attorney fees and costs. The bill provides rules for determining whether conduct constitutes workplace harassment, defined in the bill, and lays out a number of factors to consider in determining whether conduct constitutes workplace harassment.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-3904, relating to workplace harassment; civil actions by private parties.

20107400D

H.B. 1420

Patron: Bourne

Landlord and tenant; charge for late payment of rent; restrictions. Provides that a landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement, and that no such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant. This bill incorporates HB 1669.

A BILL to amend and reenact §§ 55.1-1204 and 55.1-1250 of the Code of Virginia, relating to landlord and tenant; charge for late payment of rent; restrictions.

20107394D

H.B. 1505

Patron: Jenkins

Department of Small Business and Supplier Diversity; small business grant funds. Repeals the Small Business Jobs Grant Fund Program. Under the bill, any cash balances in the Small Business Jobs Grant Fund as of the effective date will be transferred to the Small Business Investment Grant Fund. The bill also decreases the amount of the eligible grant under the Small Business Investment Grant Fund from fifty percent to twenty-five percent of the investment amount.

A BILL to amend and reenact §§ 2.2-1605 and 2.2-1616 of the Code of Virginia and to repeal §§ 2.2-1611 and 2.2-1615 of the Code of Virginia, relating to the Department of Small Business and Supplier Diversity; small business grant funds.

20102908D

H.B. 1548

Patron: Simon

Common interest communities; Virginia Condominium Act; termination of condominium; respective interests of unit owners. Provides that the respective interests of condominium unit owners upon the termination of a condominium shall be as set forth in the termination agreement, unless the method of determining such respective interests is other than the relative fair market values, in which case the association shall provide each unit owner with a notice stating the result of that method for the unit owner's unit and, no later than 30 days after transmission of that notice, any unit owner disputing the interest to be distributed to his unit may require that the association obtain an independent appraisal of the condominium units. The bill provides a method of adjusting the respective interests of the unit owners if the amount of such independent appraisal of an objecting unit owner's unit is at least 10 percent more than the amount stated in the association's notice.

A BILL to amend and reenact §§ 55.1-1937 and 55.1-1941 of the Code of Virginia, relating to common interest communities; Virginia Condominium Act; termination of condominium; respective interests of unit owners.

20107125D

H.B. 1646

Patron: Krizek

Department of Professional and Occupational Regulation; Board for Contractors; misclassification of worker prohibited. Provides that the Board for Contractors (the Board) shall require a contractor to appropriately classify all workers as employees or independent contractors, pursuant to law. Any contractor who is found to have intentionally misclassified any worker is subject to sanction by the Board.

A BILL to amend and reenact § 54.1-1102 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Board for Contractors; misclassification of worker prohibited.

20105545D

H.B. 1650

Patron: Ward

Department of Small Business and Supplier Diversity; Small Business Procurement Enhancement Program established; report. Establishes the Small Business Procurement Enhancement Program (the Program) with a statewide goal of 42 percent of small business utilization in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontracts. In addition, the bill (i) provides for a small business set-aside for competition among all small businesses for state agency purchases up to $100,000 for goods, nonprofessional services, and construction, and up to $80,000 for professional services, and (ii) establishes certification criteria for participation in the Program by business operations on the basis of the total number of employees or annual gross receipts, averaged over the previous three years.

A BILL to amend and reenact §§ 2.2-1604, 2.2-1605, 2.2-4310, 2.2-4310.3, and 2.2-4343 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 16.1 of Title 2.2 an article numbered 4, consisting of sections numbered 2.2-1618 through 2.2-1623, relating to the Department of Small Business and Supplier Diversity; Small Business Procurement Enhancement Program established; report.

20105275D

H.B. 1663

Patron: Sickles


Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates explicit causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates HBs 3, 21, 23, 217, 1050, 1200, and 1512.

A BILL to amend and reenact §§ 2.2-520, 2.2-3004, 2.2-3900, 2.2-3901, 2.2-3902, 6.2-501, 15.2-853, 15.2-854, 15.2-965, 15.2-1507, 15.2-1604, 22.1-306, 36-96.1 through 36-96.3, 36-96.4, 36-96.6, and 55.1-1310 of the Code of Virginia; to amend the Code of Virginia by adding a section numbered 2.2-2901.1, by adding in Chapter 39 of Title 2.2 sections numbered 2.2-3904 through 2.2-3907, and by adding sections numbered 15.2-1500.1 and 22.1-295.2; and to repeal § 2.2-3903 of the Code of Virginia, relating to prohibited discrimination; public accommodations, employment, housing, and credit; causes of action; sexual orientation and gender identity.

20106635D