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2021 SPECIAL SESSION I

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Senate Committee on General Laws and Technology

Chair: George L. Barker

Clerk: Sean Sukol
Staff: Ashley Binns
Date of Meeting: February 17, 2021
Time and Place: 30 min post-adj. SR East at Museum. Register to speak at GA site:
http://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 1843

Patron: Keam

Charitable gaming; increase in certain maximum allowable prize amounts. Increases the maximum allowable amount for a single bingo door prize from $50 to $250 and the maximum allowable cumulative door prizes in any one bingo session from $250 to $500. The bill allows up to 10 games per bingo session to feature a regular bingo or special bingo game prize of up to $200. The bill increases the prize for a single instant bingo, pull tab, or seal card from $1,000 to $2,000. Finally, the bill increases from $100 to $200 the allowable amount of increase of a progressive prize per session in certain progressive bingo games. The bill requires the Department of Agriculture and Consumer Services, beginning July 1, 2024 and at least once every five years thereafter, to convene a stakeholder work group to review the limitations on prize amounts and provide any recommendations to the General Assembly by November 30 of the year in which the stakeholder work group is convened.

A BILL to amend and reenact § 18.2-340.33 of the Code of Virginia, relating to charitable gaming; increase in certain maximum allowable prize amounts.

21103827D

H.B. 1864

Patron: Price

Virginia Human Rights Act; definition of employer; person employing one or more domestic workers. Expands the definition of "employer" for all purposes of the Virginia Human Rights Act to include a person employing one or more domestic workers, as defined in the bill.

A BILL to amend and reenact § 2.2-3905 of the Code of Virginia, relating to Virginia Human Rights Act; definition of employer; person employing one or more domestic workers.

21101526D

H.B. 1876

Patron: Subramanyam

Workforce development; data sharing. Expands the type of workforce development data that state agencies may share with the Virginia Workforce System to support workforce program evaluation and policy analysis. The bill removes the requirement that all personal identifying information be removed before being shared among other state agencies and with the Workforce Development System and instead requires the identifying attribute information necessary to match entities across programs, support the coordination of services, and evaluate outcomes to be shared among agencies that enter into the memorandum of understanding supporting the Virginia Workforce Data Trust.

A BILL to amend and reenact § 2.2-435.8 of the Code of Virginia, relating to workforce development; data sharing.

21103390D

H.B. 1889

Patron: Price


Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan; removal of sunset. Removes the sunset date of July 1, 2021, from certain provisions enacted during the 2020 Special Session related to the Virginia Residential Landlord and Tenant Act. Such provisions (i) changed from five to 14 days the amount of time that a landlord who owns four or fewer rental dwelling units must wait after serving written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord's intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement; (ii) required a landlord who owns more than four rental dwelling units, or more than a 10 percent interest in more than four rental dwelling units, before terminating a rental agreement due to nonpayment of rent, to serve upon such tenant a written notice informing the tenant of the total amount due and owed and offer the tenant a payment plan under which the tenant must pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement; (iii) outlined the remedies a landlord has if a tenant fails to pay the total amount due and owed or enter into a payment arrangement within 14 days of receiving notice or if the tenant enters into a payment arrangement but fails to pay within 14 days of the due date any rent that becomes due under the payment plan or arrangement after such plan or arrangement becomes effective; and (iv) clarified that a tenant is not precluded from participating in any other rent relief programs available to the tenant through a nonprofit organization or under the provisions of a federal, state, or local law, regulation, or action.

A BILL to repeal the second enactment of Chapter 46 of the Acts of Assembly of 2020, Special Session I, relating to the Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan; removal of sunset.

21101527D

H.B. 1900

Patron: Hudson

Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.

A BILL to amend the Code of Virginia by adding a section numbered 55.1-1243.1 and to repeal § 55.1-1243 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe.

21102519D

H.B. 1908

Patron: Helmer


Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.

A BILL to amend and reenact § 55.1-1245, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to the Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty.

21101428D

H.B. 1996

Patron: Murphy

Virginia Public Procurement Act; determination of responsibility; local option to include criteria in Invitation to Bid. Allows localities to include in the Invitation to Bid criteria that may be used in determining whether any bidder, not just any bidder who is not prequalified by the Virginia Department of Transportation as under current law, is a responsible bidder.

A BILL to amend and reenact § 2.2-4302.1 of the Code of Virginia, relating to the Virginia Public Procurement Act; determination of responsibility; local option to include criteria in Invitation to Bid.

21101375D

H.B. 2001

Patron: Helmer

Building standards for certain state and local buildings. Requires that any executive branch agency or institution or locality entering the design phase for the construction of a new building greater than 5,000 gross square feet in size or the renovation of a building where the cost of the renovation exceeds 50 percent of the value of the building ensure that such building has sufficient electric vehicle charging infrastructure, defined in the bill, and has features that permit the agency or institution to track the building's energy efficiency and carbon emissions. The bill authorizes the Director of the Department of General Services to grant exemptions to such standards, in writing and with certain terms. The bill requires agencies to annually report to the Governor the energy efficiency and carbon emissions metrics for each such building built or renovated.

The bill requires localities to design such building projects according to the same or similar standards, or more stringent standards if adopted by ordinance. The bill also requires that localities incorporate appropriate resilience and distributed energy features. The bill requires that any exemption from the standards granted by resolution of the governing body of a locality be made in writing and explain the basis for granting the exemption.

A BILL to amend and reenact §§ 2.2-1182 and 2.2-1183 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1804.1, relating to building standards for certain state and local buildings.

21103607D

H.B. 2003

Patron: Samirah

Consumer Protection Act; prohibited practices; certain advertising related to school quality. Adds as a prohibited practice under the Consumer Protection Act the use in any advertising any information regarding the quality of any public or private elementary or secondary school other than information derived from the school quality indicators contained in the School Quality Profiles established by the Department of Education or information derived from the school's website or the website of the school's district, unless such advertising contains a statement, displayed on its face in a conspicuous manner, that such school quality information is not derived from the school quality indicators contained in the School Quality Profiles established by the Department of Education or endorsed by the Department of Education. The bill provides that such provisions shall not become effective unless reenacted by the 2022 Session of the General Assembly.

The bill requires the Department of Law's Division of Consumer Counsel (the Division), to make recommendations to the Governor and the General Assembly for any legislation that the Division deems necessary to prevent the misleading or deceiving of consumers by the use of information in advertising regarding the quality of any public or private elementary or secondary school other than information derived from the school quality indicators contained in the School Quality Profiles established by the Department of Education or information derived from the school's website or the website of the school's district. The  bill requires the Division to make its recommendations to the Governor and the General Assembly by November 1, 2021.

 A BILL to amend and reenact § 59.1-200 of the Code of Virginia, relating to the Consumer Protection Act; prohibited practices; certain advertising related to school quality.

21104435D

H.B. 2004

Patron: Hurst

Virginia Freedom of Information Act; law-enforcement criminal incident information; criminal investigative files. Adds criminal investigative files, defined in the bill, relating to a criminal investigation or proceeding that is not ongoing, also defined in the bill, to the types of law-enforcement and criminal records required to be released in accordance with the provisions of the Virginia Freedom of Information Act. Under current law, the release of criminal investigative files is discretionary. The bill also provides that the mandatory release of criminal incident information relating to felony offenses and criminal investigative files shall be enjoined if a court finds by a preponderance of the evidence that the release of such information would likely effect certain results, outlined in the bill. The bill contains technical amendments. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

A BILL to amend and reenact §§ 2.2-3706, 2.2-3711, 19.2-174.1, and 19.2-368.3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3706.1, relating to the Virginia Freedom of Information Act; law-enforcement criminal incident information; criminal investigative files.

21101252D

H.B. 2005

Patron: Sickles

Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains and establishes processes by which such persons may assert or forfeit their right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains. The bill also provides protections for any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon a written statement made by a person attesting to his right to make arrangements or otherwise be responsible for a decedent's funeral and sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill also adds provisions related to designation of a person to make arrangements for a decedent's funeral or disposition of a decedent's remains, clarification of decision-making authority when next of kin disagrees, and procedures in the absence of next of kin for cemeteries or cemetery companies.

A BILL to amend and reenact §§ 32.1-309.1, 54.1-2800, 54.1-2807, 54.1-2825, and 57-27.3 of the Code of Virginia; to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 57 sections numbered 57-27.4, 57-27.5, and 57-27.6; and to repeal §§ 54.1-2807.01 and 54.1-2807.02 of the Code of Virginia, relating to disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains.

21103975D

H.B. 2025

Patron: Gooditis

Virginia Freedom of Information Act; record exclusion for personal contact information provided to a public body. Provides that personal contact information provided to a public body or any of its members for the purpose of receiving electronic communications from the public body or any of its members is excluded from the mandatory disclosure provisions of FOIA, unless the recipient of such electronic communications indicates his approval for the public body to disclose such information. Currently, the law provides protections for personal contact information provided to a public body, not to its members; only applies to electronic mail; and requires the electronic mail recipient to request the public body not to disclose his personal contact information in order for the information to be exempt from mandatory disclosure. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

A BILL to amend and reenact § 2.2-3705.1 of the Code of Virginia, relating to the Virginia Freedom of Information Act; record exclusion for personal contact information provided to a public body.

21101440D

H.B. 2029

Patron: Krizek

Department of Fire Programs; prohibition on the use of certain oriented strand board in fire training activities. Prohibits the burning by any person, local government, or agency of the Commonwealth of Class A fuel materials that contain oriented strand board, defined in the bill, during fire training activities.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-207.2, relating to Department of Fire Programs; prohibition on the use of certain oriented strand board in fire training activities.

21102658D

H.B. 2053

Patron: Samirah

Department of Housing and Community Development; stakeholder advisory group; accessory dwelling units. Directs the Department of Housing and Community Development (Department) to convene a stakeholder advisory group to evaluate the construction of internal, attached, and detached accessory dwelling units as a strategy to address the Commonwealth's growing demand for affordable and market-rate housing. The bill requires the stakeholder advisory group to report its findings and recommendations, including any legislative recommendations, to the Director of the Department, the Secretary of Commerce and Trade, the commissioners of the Virginia Housing Development Authority, and the Virginia Housing Commission no later than November 1, 2021.

A BILL to direct the Department of Housing and Community Development to convene a stakeholder advisory group to evaluate the construction of internal, attached, and detached accessory dwelling units as a strategy to address the Commonwealth's growing demand for affordable and market-rate housing.

21104312D

H.B. 2072

Patron: Convirs-Fowler

Virginia Housing Development Authority; work group to establish Virginia Good Neighbor Next Door program. Requires the Virginia Housing Development Authority to report to the Governor, the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology, and the Virginia Housing Commission no later than July 1, 2022 on recommendations for the creation of a Virginia Good Neighbor Next Door program, similar to the Good Neighbor Next Door program administered by the U.S. Department of Housing and Urban Development. to provide financial incentives for law-enforcement officers, firefighters, emergency medical services personnel, and teachers to purchase homes within designated revitalization areas in the localities in which they are employed.

A BILL to direct the Virginia Housing Development Authority to report on recommendations for the creation of a Virginia Good Neighbor Next Door Program.

21103402D

H.B. 2074

Patron: Simonds

Environmental justice; interagency working group. Establishes the Interagency Environmental Justice Working Group as an advisory council in the executive branch of state government to further environmental justice in the Commonwealth and directs each of the Governor's Secretaries to designate at least one environmental justice coordinator to represent the secretariat as a member of the Working Group. The bill directs the Working Group to focus its work during its first year on the environmental justice of current air quality monitoring practices in Virginia and provides that the Working Group shall expire on July 1, 2031.

The bill directs each state agency to adopt an agency-specific environmental justice policy that requires an evaluation of the environmental justice consequences of any covered agency action, requires a consideration of the environmental justice consequences or cumulative impacts of the administration of regulations, and contains other features, including public participation plans for residents of environmental justice communities and fenceline communities potentially affected by a covered agency action.

Finally, the bill requires each local government adopting or reviewing a comprehensive plan to consider identifying certain environmental justice communities, objectives, and policies.

A BILL to amend and reenact § 2.2-234 of the Code of Virginia and to amend the Code of Virginia by adding in Article 12 of Chapter 2 of Title 2.2 sections numbered 2.2-236 and 2.2-237 and by adding a section numbered 15.2-2223.5, relating to environmental justice; interagency working group.

21104161D

H.B. 2098

Patron: O'Quinn

Disposition of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute. Authorizes the Governor to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute to Smyth County in as-is condition for a term of three years upon such terms and conditions as may be agreed by the parties, including, without limitation, Smyth County's responsibility for building or infrastructure refurbishments and operational expenses. The bill also corrects tax map references from a 2019 conveyance of property in Smyth County.

A BILL to authorize the Commonwealth to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute and to amend and reenact §§ 1 and 2 of Chapter 678 of the Acts of Assembly of 2019.

21102161D

H.B. 2130

Patron: Lopez

Virginia LGBTQ+ Advisory Board. Establishes the Virginia LGBTQ+ Advisory Board to advise the Governor regarding the economic, professional, cultural, educational, and governmental links between the Commonwealth and the LGBTQ+ community in Virginia and sets out the powers and duties of the Board. The Board shall be composed of 21 nonlegislative citizen members, at least 15 of whom shall identify as LGBTQ+, to be appointed by the Governor, and the Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, and Public Safety and Homeland Security, or their designees, who shall serve as ex officio members.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 29, consisting of sections numbered 2.2-2499.1 through 2.2-2499.4, relating to establishment of the Virginia LGBTQ+ Advisory Board.

21102200D

H.B. 2147

Patron: Herring

Division of Human Rights; renamed as Office of Civil Rights. Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights.

A BILL to amend and reenact §§ 2.2-520, as it is currently effective and as it shall become effective, 2.2-522, 2.2-523, 2.2-3902, 2.2-3907, 2.2-3909, and 15.2-1604 of the Code of Virginia, relating to the Division of Human Rights; renamed as Office of Civil Rights.

21102585D

H.B. 2155

Patron: Watts

Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment. Makes it an unlawful discrimatory practice for an employer, labor organization, or employment agency to engage in workplace harassment, including sexual harassment, as defined in the bill. The bill also provides (i) a nonexhaustive list of factors to consider when determining whether certain conduct constitutes workplace harassment, (ii) guidelines for when a court may find an employer liable for workplace harassment, (iii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of Human Rights within two years of the occurrence of the alleged unlawful discriminatory practice, and (iv) that an aggrieved person who has been provided a notice of his right to file a civil action for such grievance may do so within one year of receiving such notice. The bill also amends the definition of "employer" to mean a person employing five or more employees, instead of 15 or more employees under current law, for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person.

A BILL to amend and reenact §§ 2.2-522, 2.2-3905, 2.2-3907, and 2.2-3908 of the Code of Virginia, relating to the Virginia Human Rights Act; nondiscrimination in employment; sexual harassment and workplace harassment.

21103989D

H.B. 2227

Patron: Kory

Uniform Statewide Building Code; amendments; energy efficiency and conservation. Directs the Board of Housing and Community Development, upon each publication by the International Code Council of a new version of the International Energy Conservation Code (IECC), to consider adopting amendments to the Uniform Statewide Building Code to address changes in the IECC related to energy efficiency and conservation.

A BILL to direct the Board of Housing and Community Development to consider adopting amendments to the Uniform Statewide Building Code relating to energy efficiency and conservation upon each publication of a new version of the International Code Council's International Energy Conservation Code.

21104318D

H.B. 2288

Patron: Williams Graves


Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors. Requires bidders or offerors on contracts for construction of $250,000 or more to submit along with their bid or proposal a list of all subcontractors, regardless of tier, that the bidder or offeror intends at the time of submitting the bid or proposal to use on the contract to perform work valued at $50,000 or more, including labor and materials. The bill requires such list to include certain information about each contractor. The bill also requires the bidder or offer to submit (i) a statement declaring that the bidder or offeror has reviewed the qualifications and performance history of each subcontractor and found such qualifications and performance history to be sufficient to qualify the subcontractor to perform the subcontract work and (ii) a statement indicating that the bidder or offeror has received a written statement from each subcontractor verifying that such subcontractor (a) has not defaulted on any projects within the last three years, (b) is not currently suspended or disbarred by any public body, and (c) is not currently in bankruptcy. The bill allows the public body to disqualify any listed subcontractors, but requires the public body to notify the bidder or offeror of such disqualification and allow the bidder or offeror reasonable time to find a qualified replacement. The bill provides that any bidder or offeror that does not submit the required list and statements may have its bid or proposal disqualified, and any bidder or offeror that is found to have knowingly provided false information pursuant to this section shall be debarred from contracting with any public body for a period of up to one year. The bill requires compliance with its provisions for bids or offers on contracts for construction of $250,000 or more with localities with a population in excess of 50,000, but provides that compliance is optional for bids or offers on contracts for construction of $250,000 or more with any other locality. The provisions of this bill do not become effective unless reenacted by the 2022 Session of the General Assembly.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.02, relating to the Virginia Public Procurement Act; construction contracts; requirement to submit list of subcontractors.

21103976D

H.B. 2313

Patron: McQuinn

Freedom of Information Act; exclusions; definition of "Office of the Governor." Adds the Chief Workforce Development Advisor and the Director of Diversity, Equity, and Inclusion to the definition of "Office of the Governor" for purposes of excluding the working papers and correspondence of the Office of the Governor from mandatory disclosure under the Freedom of Information Act.

A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to Freedom of Information Act; exclusions; definition of "Office of the Governor."

21102870D

H.B. 2322

Patron: Herring

Opioid Abatement Authority; established, report. Establishes the Opioid Abatement Authority. The Authority, with the assistance of the Office of the Attorney General, would administer the Opioid Abatement Fund, which would receive moneys from settlements, judgments, verdicts, and other court orders relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids and any other funds received on the fund's behalf that would be used to provide grants and loans to Virginia agencies and certain localities for the purpose of treating, preventing, or reducing opioid use disorder and the misuse of opioids or otherwise abating or remediating the opioid epidemic in the Commonwealth.

A BILL to amend and reenact § 2.2-212 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-507.3, by adding in Chapter 22 of Title 2.2 an article numbered 12, consisting of sections numbered 2.2-2365 through 2.2-2376, and by adding in Article 3.1 of Chapter 1 of Title 51.1 a section numbered 51.1-124.40, relating to establishing an Opioid Abatement Authority.

21104247D

H.B. 2327

Patron: Krizek


Virginia Public Procurement Act; requirement to pay prevailing wage; transportation infrastructure projects. Clarifies, for purposes of the requirement under certain circumstances to pay the prevailing wage rate for work performed on public works contracts, that public works includes transportation infrastructure projects..

A BILL to amend and reenact § 2.2-4321.3 of the Code of Virginia, relating to the Virginia Public Procurement Act; payment of prevailing wage; transportation infrastructure projects.

21104307D