Note: Details on bills passed below are in the Heading “Bills passed”)
House streaming archives
– February 11, 2021 (Short)
Virginia House lawmakers advanced Senate legislation to legalize recreational marijuana, but amended the legislation to conform to the House version—the Senate is expected to do the same and eventually send the bill to a conference committee comprised of lawmakers from both chambers.
Substitute Senate Bill 1406, the House version, advanced through the Democrat-controlled House General Laws Committee on a 16-5 vote. Both bills legalize the recreational cultivation, sale and use of marijuana with sales beginning in 2024. They would allow the sale to any person 21 years or older and require ID checks, similar to alcohol sale requirements.
A key area in which the two bills differ surrounds local government authority. In the Senate’s version, localities could prohibit the retail sale of marijuana within their jurisdiction, while in the Senate bill, there is no opt-out clause, but retail sales would still be subject to local zoning regulations.
Meets on: Tuesday and Thursday at 1/2 hour after adjournment in House Room 3
Members: David Bulova (Chair) – Dawn Adams – Lashrecse Aird – Emily Brewer – Betsy Carr – Mark Cole – Buddy Fowler – Kelly Fowler – Chris Hurst – Barry Knight – Paul Krizek – Jay Leftwich – Jason Miyares – Will Morefield – Kathleen Murphy – Marcia Price – Marcus Simon – Luke Torian – Kathy Tran – Schuyler VanValkenburg – Will Wampler – Tommy Wright
13 Democrats and 9 Republicans
- Housing/Consumer Protection
- Open Government/Procurement
- Professions/Occupations and Administrative Process
Meets on: Tuesday at 2 hours after adjournment of full committee in House Room 3
Housing/Consumer Protection Subcommittee
Meets on: Thursday at Upon adjournment of full committee in House Room 3
Open Government/Procurement Subcommittee
Meets on: Tuesday at Upon adjournment of full committee in House Room 3
Professions/Occupations and Administrative Process Subcommittee
Meets on: Thursday at 2 hours after adjournment of full committee in House Room 3
Bills in committee
HB 1735: Expands the privileges of farm winery licensees by allowing them to sell at retail beer manufactured by limited brewery licensees for on-premises consumption. The bill also expands the privileges of limited brewery licensees by allowing them to sell at retail wine manufactured by farm winery licensees for on-premises consumption. Assigned to ABC/Gaming subcommittee
HB 1738: Defines “outdoor refreshment area” and permits the governing body of any locality in the Commonwealth to designate, by ordinance, up to three outdoor refreshment areas within such locality. The bill makes it that the consumption of alcoholic occurs within the outdoor refreshment area and is sold by the on-premises retailer with a license. The beverage may be no more than 16 fl oz and should clearly display the logo/name of the seller. Assigned to ABC/Gaming subcommittee
HB 1741: Requires any contract awarded by a state/local government agency to require the contractor to include in each of its subcontracts provisions that require the subcontractor to report to the contractor, monthly, (i) payroll records for all the subcontractor’s employees; (ii) records of all payments the subcontractors made to individual contractors; and (iii) the total number of individuals on the job site (includes the number classifies as employees/independent contractors. The contractor then has to compile the information and submit it in a monthly report to the Department of Labor and Industry.
HB 1784: Establishes the Small Business Procurement Enhancement Program with a statewide goal of 42% of small business use in all discretionary spending by state agencies in procurement orders, prime contracts, and subcontract. The bill also provides for a small business set-aside for competition among all small businesses for states purchases up to $100,000 for goods, nonprofessional services, and construction and up to $80,000 for professional services. Lastly, it establishes the certification criteria for participating in the Program by business operations based on the total number of employees/annual gross receipts over the past three years.
HB 1792: Exempts people bidding upon or performing services on a public contract with a unit of state government/political subdivision of the Commonwealth from licensure and certification requirements when working on the maintenance or repair of natural gas, propane, gasoline, or diesel-powered engines used as emergency power generators.
HB 1809: Requires the Commissioner of Agriculture and Consumer Services to submit an annual written report to the Governor and the General Assembly, by October 1 of each year. The report must include the number of charitable or civic organizations, professional fund-raising counsel, and professional solicitors registered in Virginia; the number of contracts or agreements between such registered professional fund-raising counsel or professional solicitors and such registered charitable or civic organizations; and compensation paid, in relation to funds raised and administrative costs, to any professional fund-raising counsel or professional solicitor registered in Virginia by a charitable or civic organization registered in Virginia. Assigned in ABC/Gaming subcommittee
HB 1857: Exempts any locality with a population of more than 400,000 from the limitations on architectural and professional engineering contract single-project fees for environmental, location, design, and inspection work regarding highways and bridges. The current law exempts the Commissioner of Highways from such limitations and the exemption is continued in the bill.
HB 1880: Delays by one additional year, from July 1, 2021, to July 1, 2022, the prohibition on the play or offering for play of skill games that was instituted in the 2020 Regular Session. The bill decreases to 90% the total number of machines that a distributor may provide for play to truck stops and Virginia Alcoholic Beverage Control Authority retail licensees (ABC retail licensees) relative to the number of machines the distributor previously reported to the Virginia Alcoholic Beverage Control Authority (the Authority) on July 1, 2020. It caps the total number of skill games available to play at truck stops and by ABC retail licensees at no more than 20 and six. The bill extends the requirement that each distributor pay a monthly tax of $1,200 for each skill game provided for play during the previous month. Persons younger than 21 years of age are prohibited from playing skill games or redeeming winnings.
HB 1946: Permits an operator, defined in the bill, to manage, operate, or conduct charitable gaming on behalf of a qualified organization or otherwise assist a qualified organization with the management, operation, or conduct of charitable gaming, provided that such operator obtains a license from the Department of Agriculture and Consumer Services and complies with all charitable gaming laws and regulations that would otherwise be applicable to such qualified organization related to the management, conduct, or operation of charitable gaming.
HB 1974: Removes certain requirements from the exemption from licensure as an architect or professional engineer for persons who prepare plans, specifications, documents, and designs for conventional and alternative onsite sewage systems receiving residential wastewater. It specifically removes the requirement that any such plans, specifications, documents, or designs utilize packaged equipment generally, changes the allowable flow rate from 1,000 to 1,200 gallons per day, and removes stipulations related to the inclusion of pumps.
HB 1997: Increases from three to four the number of members of a public body meeting as an informal assemblage that constitutes a meeting under the Virginia Freedom of Information Act. Open Government/Procurement subcommittee recommended laying it on the table (7 Yes to 1 No)
HB 2051: Defines “outdoor refreshment area” and permits the governing body of any locality in the Commonwealth to designate, by ordinance, up to three outdoor refreshment areas within such locality. ABC/Gaming subcommittee recommended incorporating HB2266 by voice vote.
HB 2089: Requires that the reports, information, or documents of the Office of the State Inspector General that are required to be transmitted to the executive and legislative branches be transmitted concurrently.
HB 2127: Gives redevelopment and housing authorities greater flexibility in naming an authority.
HB 2136: Creates a mobile retailer license, which authorizes the licensee to sell wine and beer during events within designated areas for on-premises consumption or in closed containers for off-premises consumption. The bill requires such licensees to (i) comply with any requirements or limitations imposed by the Board of Directors of the Virginia Alcoholic Beverage Control Authority and (ii) serve food, prepared on or off-premises, whenever wine or beer is served. ABC/Gaming subcommittee recommended laying it on the table (7 Yes to 1 No)
HB 2183: Requires the Department of Small Business and Supplier Diversity (the Department) to publish on its website, by November 1 of each year, a resource to assist small businesses in the Commonwealth to navigate recent changes in the law impacting small businesses.
HB 2237: Requires every public body, prior to requiring bidders, offerors, contractors, subcontractors, or operators on contracts for the design or construction of a road, highway, bridge, or similar transportation improvement to enter into, become or remain signatories to, or adhere to project labor agreements, to make a written determination that requires such bidders, offerors, contractors, subcontractors, or operators to advance the public’s interests based on objective criteria established by the public body by regulation or ordinance, such as cost, efficiency, quality, safety, timeliness, maintenance of a skilled labor force, labor stability, or advancing minority-owned and women-owned business participation in the project.
HB 2246: Requires all state agencies with more than 20 full-time teleworking employees to use automatic workforce management verification software to verify the hours employees worked while teleworking by counting and reporting to the agency all keystroke, mouse event, and screenshot data.
HB 2259: Provides that the Governor may issue a license of the kind granted by a regulatory board under the Department of Professional and Occupational Regulation or the Department of Health Professions to any person whose application for such license to such board has been denied. Open Government/Procurement subcommittee recommended laying it on the table (8 Yes to 0 No)
HB 2279: Prohibits the Board for Contractors from requiring continuing education as a prerequisite to renewal of any certificate or license issued under its authority.
HB 2297: Allows retail off-premises and on-and-off premises wine and beer licensees to transfer wine from one licensed place of business to another, subject to certain requirements.
SB 1110: Provides that the State Corporation Commission may share information collected from a settlement agent or agency regarding any errors and omissions or malpractice insurance policy or surety bond with any party to the real estate transaction in connection with the actions of such agent or agency arising out of a settlement.
SB 1150: Establishes the position of Military Spouse Liaison (the Liaison) in the Department of Veterans Services to conduct outreach and advocate on behalf of military spouses in the Commonwealth.
SB 1171: Requires the executive director and members of each industrial development authority and economic development authority, as created by the Industrial Development and Revenue Bond Act, in a locality with a population in excess of 25,000 or in a region serving more than one locality that has a population of more than 25,000 to file a Statement of Economic Interests (SOEI) with the clerk of the local governing body as a condition to assuming office and subsequently annually on/before Feb. 1.
SB 1183: Allows meetings of property owners’ associations, boards of directors, unit owners’ associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors, unit owners’ association, or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings.
SB 1215: 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.
SB 1254: Clarifies the procedures by which the Virginia Lottery determines whether an event is considered youth sports, on which betting is prohibited.
SB 1271: Allows a public body, or a joint meeting thereof, to meet by electronic communication means without a majority of the public body physically assembled at one location when a locality in which the public body is located has declared a local state of emergency. The state of emergency must make it impracticable or unsafe to assemble a quorum in a single location and the purpose of the meeting should be to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities.
SB 1279: Requires the Department of Veterans Services to develop a comprehensive program to assist military service members, veterans, and their spouses in making a successful transition from military to civilian life in Virginia. Programs may include skills and workforce assessments and internship/apprenticeship programs.
SB 1287: Prohibits the Charitable Gaming Board from communicating regulations that prohibit the use of multiple video monitors or touch screens on an electronic pull-tab device.
SB 1299: Allows distillers that have been appointed as agents of the Board of Directors (the Board) of the Virginia Alcoholic Beverage Control Authority (the Authority), mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and deliver such mixed beverages to consumers subject to requirements set forth in the bill. Incorporates SB 1388.
SB 1305: Requires all public bodies and covered institutions, defined in the bill, to include in every public works contract of more than $250,000 certain provisions related to the outsourcing of subcontracted work, which a contractor shall agree to during the performance of such contract.
SB 1314: Directs the Virginia Economic Development Partnership Authority to establish an Office of Education and Labor Market Alignment (the Office) to coordinate data analysis on workforce and higher education alignment and translate data to partners.
SB 1327: Provides for various protections for homeowners and tenants of manufactured home parks. Such protections may include restricting the circumstances under which a court may order a person’s primary residence to be sold to enforce a judgment charge, requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing, or prohibiting a trustee from selling a property in a foreclosure sale without sending notice of the sale to the owner and signing an affidavit attesting to such notification among several others.
SB 1343: Requires the private business to specify the records for which protection is sought before submitting them to the public body and to state the reasons why protection is necessary.
SB 1369: Redefines “small business” for the purpose of programs for the Department of Small Business and Supplier Diversity to allow a cooperative association organized pursuant to Chapter 3 (Cooperative Associations) of Title 13.1 as a nonstock corporation to qualify as a small business if it is at least 51 % independently controlled by one or more members who are U.S. citizens or legal resident aliens and, together with affiliates, has 250 or fewer employees or average annual gross receipts of $10 million or less averaged over the previous three years.
SB 1410: Prohibits discrimination in public accommodations, employment, and housing on the basis of a person’s status as an active military or a military spouse.
Bills reported out
HB 1811: Provides that in the course of procuring goods, if a public body receives two or more bids for products that are Energy Star certified, meet Federal Energy Management Program (FEMP) designated efficiency requirements, appear on FEMP’s Low Standby Power Product List, or are WaterSense certified, such public body may only select among those bids. Passed House (55 Yes to 44 No) and referred to Senate Committee on General Laws and Technology
HB 1812: Makes technical amendments to the casino gaming law related to its interaction with sports betting law, the capital investment required of an applicant for a license, authorized closed meetings under the Virginia Freedom of Information Act, and the frequency of the distribution of tax revenues to cities. Passed House (68 Yes to 32 No) and referred to Senate Committee on General Laws and Technology
HB 1816: Allows meetings of property owners’ associations, boards of directors, unit owners’ associations, executive boards, and committees to be held entirely or partially by electronic means, provided that the board of directors, unit owners’ association, or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings. Passed House ( 98 Yes to 0 No) and referred to Senate Committee on General Laws and Technology
HB 1824: Adds to the provision of the required disclosure statement directing a buyer to beware and exercise necessary due diligence with respect to determining the condition of real property or any improvements thereon a provision advising the buyer to obtain a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency. Passed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology
HB 1830: Requires at least five of the nine citizen members of the Virginia Small Business Financing Authority to have experience in small business lending. Passed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology
HB 1842: Permits, except to the extent that the declaration provides otherwise, the board of directors of a property owners’ association to establish reasonable rules that restrict smoking in the development. Passed House ( 72 Yes to 27 No) and referred to Senate Committee on General Laws and Technology
HB 1843: 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. Passed House ( 79 Yes to 20 No) and referred to Senate Committee on General Laws and Technology
HB 1845: Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. Passed House ( 98 Yes to 0 No) and referred to Senate Committee on Rehabilitation and Social Services
HB 1847: Clarifies the procedures by which the Virginia Lottery determines whether an event is considered youth sports, on which betting is prohibited. Passed House ( 67 Yes to 33 No) and referred to Senate Committee on General Laws and Technology
HB 1848: Adds discrimination on the basis of disability as an unlawful discriminatory practice under the Virginia Human Rights Act. Passed House ( 99 Yes to 0 No) and referred to Senate Committee on General Laws and Technology
- HB 1812 Casino gaming; technical amendments
Makes technical amendments to the casino gaming law related to its interaction with sports betting law, the capital investment required of an applicant for a license, authorized closed meetings under the Virginia Freedom of Information Act, and the frequency of the distribution of tax revenues to cities. The bill also requires applicants for operator’s licenses to submit (i) a minority investment plan disclosing any equity interest owed by a minority individual or minority-owned business or the applicant’s efforts to seek equity investment from minority individuals or minority-owned businesses and (ii) a plan for the participation of minority individuals or minority-owned businesses in the applicant’s purchase of goods and services related to the casino gaming establishment.
Commissions & Boards
Commission on Civic Education
The purposes of the Commission are to (i) educate students on the importance of citizen involvement in a representative democracy, (ii) promote the study of state and local government among the Commonwealth’s citizenry, and (iii) enhance communication and collaboration among organizations in the Commonwealth that conduct civics education.
Virginia Freedom of Information Advisory Council
The Virginia Freedom of Information Advisory Council, a state agency, is an office with the expertise to help resolve disputes over Freedom of Information issues. The FOIA Council answers questions from private citizens, state and local public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all documents in the possession of public officials and all meetings of state and local public bodies are open to citizens of the Commonwealth. Of course, there are exceptions and these exceptions can lead to good faith disagreements between citizens or media and public officials.
Virginia Housing Commission
The Virginia Housing Commission exists to study and provide recommendations to ensure and foster the availability of safe, sound and affordable housing for every Virginian.
The Commission may also study and make recommendations relating to such other housing, real property, and community development issues as it may be called upon to consider or as may be desirable.
Commission on Virginia Alcohol Safety Action Program
The Commission on VASAP has grown tremendously from its original status as a pilot program of the National Highway Traffic Safety Administration in 1972. I know that may not seem like that long ago, but we have been in existence for over 45 years and we have grown into one of the premiere programs in the country. We were expanded state-wide in 1975 via passed legislation in the General Assembly. We now have 24 programs providing services throughout the Commonwealth. Many factors go in to making us unique, topping the list is the fact that in Virginia we receive no tax dollars and are funded via offender fees. In addition, we are one of the only programs to combine ignition interlock with intervention services. This combination provides an obstacle to impaired driving while simultaneously working to create a permanent change in behavior.
Charitable Gaming Board
The purpose of the Board (within the executive branch of government) shall be to advise the Department of Agriculture and Consumer Services on all aspects of the conduct of charitable gaming in Virginia.
Joint Reapportionment Committee
Supervise activities required for the tabulation of population for the census and the timely reception of precinct population data for reapportionment.