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
Below is a short summary by Chair David Bulova about what the General Laws committee does.
Virginia onAir YouTube Channel – May 12, 2021 (05:42)
Virginia Legislative Information System
Note: Details on bills passed below are in the Heading “Bills passed”)
House streaming archives
Virginia Mercury, – May 19, 2021
To make the case for why Virginia’s public-records law needs to work better for reporters and citizens alike, Del. Danica Roem told the story of a constituent, Stephanie Minor, who Roem said spent seven months fighting Prince William County Public Schools for access to video footage showing her autistic daughter being dragged off a school bus.
For Minor to see what had happened, the school system wanted her to pay $2,500, down from an initial estimate of $8,800 for the video and staff emails, to cover its costs of producing the video and redacting it to blur out other students.
“I could get an intern at George Mason University to do it for 10 bucks,” Roem, a former journalist and Democrat from Manassas who has made FOIA reform a priority issue, told the Virginia FOIA Advisory Council’s records subcommittee Tuesday.
Virginia Mercury, – March 16, 2021
After giving so-called skill games another year to operate in Virginia late in the 2020 General Assembly session, legislators seemed to decide the time has come to pull the plug on thousands of slots-like gambling machines that have proliferated in convenience stores, restaurants and truck stops all over the state.
But some statehouse watchers think lawmakers may have actually voted to do the opposite.
Confusion recently spread among gambling lobbyists over a little-noticed provision attached to a bill that, on its face, makes it easier for officials to crack down on unregulated gambling.
That language, included at the end of a conference report lawmakers approved overwhelmingly last month in the closing days of the session, appears to create an exception for operators of charitable games like bingo, raffles and poker tournaments, specifying that some activity potentially impacted by the bill can continue until June 30, 2022.
The clause also covers other “regulated gaming” in existence as of February, a category that, if interpreted to mean skill games, could give the industry another year of life.
– February 11, 2021
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.
InsideNOVA, – February 10, 2021
“We are helping localities,” Lopez said during a hearing on the bill conducted by a subcommittee of the House Committee on General Laws.
The measure, if enacted into law, will have ramifications statewide. But its genesis was in the lengthy battle between the Arlington County government and ABC on one side and a (since-closed) Columbia Pike nightclub on the other.
The bill is “the culmination of years of enforcement actions . . . at one site,” said Lopez, who cited “repeated ABC violations, fights, disorderly conduct, drug deals, destruction of property” and, perhaps the tipping point, a shooting last June that left one person dead and two others injured.
In remarks to the subcommittee, Lopez said the problems in corraling behavior at the establishment were not the result of ABC officials being lax. The state agency “has been very responsive,” he said.
Virginia Mercury, – January 22, 2021
• HB 1931 (Del. Mark Levine) would expand the number of times and opportunities an individual member of a public body can call into a meeting instead of meeting face-to-face with the public or his/her colleagues. While acknowledging there’s room for some flexibility, VCOG has consistently stated its opposition to broad expansion.
• HB 2025 (Del. Wendy Gooditis) would expand an exemption for mailing lists of people who sign up for email blasts from their government to also include blasts from members of a public body.
• HB 2004 is Del. Chris Hurst’s bill to provide some access to criminal investigative files that are not ongoing.
All three have advanced from the House General Laws subcommittee on Open Government and Procurement. The first two were unanimous votes, the third bill passed on a party-line vote, 6-3.
Virginia Mercury, – March 12, 2021
A similar bill, sponsored by Del. Schuyler VanValkenburg, D-Henrico, came close to passing in 2020 but failed late. That version would have mainly enacted a state-level preclearance requirement routed through the attorney general’s office.
The bill that passed this year gives localities a choice of either asking the attorney general’s office to sign off within 60 days or publicizing the proposed change in their own community and allowing a public comment period of at least 30 days followed by another 30-day waiting period.
During the waiting period, any person potentially affected by the proposal would have the right to challenge it in court.
The aircast below was focused on the recent activities of House General Laws committee. A recording of this livestream is also archived in our Virginia onAir YouTube channel. The links below will open the YouTube video as a new tab and start at the designated time.
00:00 Jordan Toledo, Aircast Curator, introduces aircast
0:39 Jordan Toledo introduces Delegate David Bulova, Chair of the Virginia House of Delegates General Laws Committee
1:35 David Bulova explains what the General Laws Committee does
7:23 Delegate Betsy Carr, Chair of the Open Government/Procurement Subcommittee, discusses her committee’s activities
11:25 Delegate Chris Hurst, Chair of the Professions/Occupations and Administrative Process Subcommittee discusses his committee’s activitie
19:10 What happens when General Assembly is not in session
24:51 Megan Rhyne, Executive Director, Virginia Council for Open Government … Question for all 3 delegates …What can be done to cut down on the number of bills that are left in committee without receiving a hearing?
31:45 Nanayaa Obeng, Senior Global Politics major at GMU and Democracy onAir intern … Question for David Bulova … How have the universities addressed HB 1529 promoting greater transparency for donations?
35:15 Todd Gillette, Democracy onAir Chair with a PhD from GMU … Question for Betsy Carr and Chris Hurst …. What are your views on the Freedom of Information Act bills passed this year, HB 1931, expanding the use of virtual meetings, and HB 2004, expanding the required release of certain information related to criminal investigations? Also, are there related issues you would like to address in 2022?
45:07 Dr. Meredith Cary, Virginia resident and one of Delegate Bulova’s constituents … A “thank you” addressed to all delegates … As a licensed psychologist in Virginia, I would like to voice appreciation for the State’s being at the forefront for taking legislation action (April 2020) to extend telepsychology services to non-Virginia licensed psychologists for telehealth.
50:40 Short demo of how to find information about the General Laws Committee and the Delegates
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
Below is a clip from Delegate Carr’s participation in the General Laws Committee aircast on May 12, 2021 about the Open Government/Procurement Subcommittee.
Professions/Occupations and Administrative Process Subcommittee
Meets on: Thursday at 2 hours after adjournment of full committee in House Room 3
Below are clips from Delegate Hurst’s participation in the General Laws Committee aircast on May 12, 2021.
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 1811: Virginia Public Procurement Act; preference for energy-efficient and water-efficient goods
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.
- 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.
- HB 1816: Property Owners’ Association Act/Condominium Act; use of electronic means for meetings and voting
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 or executive board, as applicable, has adopted guidelines for the use of electronic means for such meetings. The bill requires that such guidelines ensure that persons accessing such meetings are authorized to do so and that persons entitled to participate in such meetings have an opportunity to do so. The bill grants authority for determining whether any such meeting may be held entirely or partially by electronic means to the board of directors or executive board, as applicable. Under current law, if a meeting of a board of directors or executive board is conducted by telephone conference or video conference, at least two members of the board of directors or executive board, as applicable, are required to be physically present at the meeting place included in the meeting notice. The bill amends the definition of “electronic means” to provide that a meeting conducted by electronic means includes a meeting conducted via teleconference, videoconference, Internet exchange, or other electronic methods. The bill allows members of property owners’ associations or unit owners’ associations to vote at meetings of such associations by absentee ballot, and allows such members to vote in person, by proxy, or by absentee ballot by electronic means, provided that the board of directors or executive board, as applicable, has adopted guidelines for such voting. Finally, the bill provides that if a vote, consent, or approval required to be obtained by secret ballot is accomplished through electronic means, the electronic means shall protect the identity of the voter, and provides that if the electronic means cannot protect the identity of the voter, another means of voting shall be used. This bill is identical to SB 1183.
- HB 1824: Virginia Residential Property Disclosure Act; required disclosures for buyer to beware, mold
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.
- HB 1830: Virginia Small Business Financing Authority; members to have small business lending experience
Requires at least five of the nine citizen members of the Virginia Small Business Financing Authority to have experience in small business lending. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
- HB 1842: Property owners’ associations & unit owners’ associations; rulemaking authority concerning smoking
Permits (i) 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, including (a) rules that prohibit smoking in the common areas and, (b) for developments that include attached private dwelling units, rules that prohibit smoking within such dwelling units, and (ii) except to the extent that the condominium instruments provide otherwise, the executive board of a condominium unit owners’ association to establish reasonable rules that restrict smoking in the condominium, including rules that prohibit smoking in the common elements and within units. The bill clarifies the authority of executive boards of condominium unit owners’ associations to establish, adopt, and enforce rules and regulations with respect to the use of the common elements of the condominium and with respect to such other areas of responsibility assigned to the unit owners’ association by the condominium instruments, except where expressly reserved by the condominium instruments to the unit owners. The bill also permits unit owners, by a majority of votes cast at a meeting of the unit owners’ association, to repeal or amend any rule or regulation adopted by the executive board. This bill is a recommendation of the Virginia Housing Commission.
- HB 1843: 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.
- HB 1845: Alcoholic beverage control; license fee reform
Delays the effective date of the 2020 alcoholic beverage control license and fee reform from July 1, 2021, to January 1, 2022. During the period of delay and subject to certain requirements, the bill allows on-premises wine or beer licensees to sell wine or beer for off-premises consumption and allows such licensees, as well as off-premises wine or beer licensees, to deliver wine or beer that the licensee is authorized to sell without a delivery permit. The bill contains a technical amendment and an emergency clause.
- HB 1847: Sports betting; clarifies certain procedures
Clarifies the types of events on which sports betting is allowed. The bill clarifies that a permit issued to a casino operator shall not count toward the maximum of 12 permits that the Director of the Virginia Lottery can issue and makes technical amendments related to the interaction between sports betting law and casino gaming law.
- HB 1848: Virginia Human Rights Acts; adds discrimination on the basis of disability
Adds discrimination on the basis of disability as an unlawful discriminatory practice under the Virginia Human Rights Act. The bill also requires employers, defined in the bill, to make reasonable accommodation to the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation, from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee, or from requiring an employee to take leave if another reasonable accommodation can be provided to the known limitations related to the disability.
- HB 1849 Apprenticeship training programs; DOLI, DGS, et al., shall review availability of programs
Directs the Virginia Board of Workforce Development (the Board), the Department of Labor and Industry (DOLI), and the Department of General Services (DGS) to review the availability of registered apprenticeship programs in the Commonwealth and evaluate the capacity to build a program that would require contractors engaged in construction contracts with public bodies to participate in apprenticeship training programs for each trade or classification of employees engaged in the construction contract. The bill also requires the Board, DOLI, and DGS to evaluate whether a requirement to limit public procurements to bidders with registered apprenticeship programs would assist the construction industry in meeting its workforce needs. The bill permits the Board, DOLI, and DGS to convene a stakeholder advisory group as part of its review. The bill requires the Board, DOLI, and DGS to complete its review and complete any advisory group meetings by September 1, 2021, and to submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations no later than December 1, 2021.
- HB 1864: Virginia Human Rights Act; expands definition of employer
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.
- HB 1876: Workforce development; expands type of 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.
- HB 1879: Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine
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. The bill allows the Board to summarily revoke a licensee’s privileges to sell and deliver mixed beverages for off-premises consumption for noncompliance with the requirements set forth in the bill or applicable provisions of current law. The bill also allows farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill directs the Authority to convene a work group to study the sale and delivery of mixed beverages and pre-mixed wine for off-premises consumption and report its findings to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2021. The provisions of this bill sunset on July 1, 2022, and this bill is identical to SB 1299.
- HB 1882: Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage
Provides that a deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust. The bill further requires that the interest rate of a prior mortgage be stated on the first page of a refinance mortgage.
- HB 1889: Va. Residential Landlord and Tenant Act; landlord remedies, noncompliance with rental agreement
Extends the sunset date from July 1, 2021, to July 1, 2022, of 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.
- HB 1891: Annual safety and disaster awareness training; DHRM, et al., to develop an online training module
Requires the Department of Human Resource Management, in coordination with the Secretary of Health and Human Resources or his designee, to develop an online training module addressing safety and disaster awareness, including information on public health safety. The bill also requires that all state employees complete the training annually. The bill requires such training to be incorporated into existing mandatory training.
- HB 1900: Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit
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.
- HB 1931: Virginia Freedom of Information Act; public body authorized to conduct electronic meetings
Authorizes a public body to conduct through electronic communication means a meeting for which, on or before the day of the meeting, a member of the public body holding the meeting notifies the chair that such member is unable to attend the meeting due to a family member’s medical condition that requires the member to provide care for such family member, thereby preventing the member’s physical attendance. The bill also clarifies that participation in an electronic meeting by a member of a public body due to the inability to attend because of a personal matter is limited each calendar year to two such meetings, which is current law, or 25 percent of the meetings held that calendar year rounded up to the next whole number, whichever is greater. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.
- HB 1943: Charitable Gaming Board; regulations, electronic pull tabs
Prohibits the Charitable Gaming Board from promulgating regulations that prohibit the use of multiple video monitors or touchscreens on an electronic pull tab device and provides that the use of electronic pull tab devices utilizing multiple video monitors or touchscreens shall be limited to one player at a time. This bill is identical to SB 1287.
- HB 1944: Casino gaming; requirements for issuance of operator’s license, human trafficking training
Requires applicants for operator’s licenses to have established a policy requiring all license and permit holders who interact directly with the public in the casino gaming establishment to complete a training course acceptable to the Virginia Lottery Department in how to recognize and report suspected human trafficking in order to be eligible for the issuance of an operator’s license.
- HB 1967: Virginia Jobs Investment Program and Fund; minimum wage requirements
Adjusts the minimum entry-level wage rate per hour a company is required to pay in order to be eligible for assistance under the Virginia Jobs Investment Program from at least 1.35 times the federal minimum wage to at least 1.2 times the federal minimum wage or the Virginia minimum wage, whichever is higher.
- HB 1971: Virginia Fair Housing Law; reasonable accommodations, disability-related requests for parking
Provides that for the purposes of the Virginia Fair Housing Law, when a person receives a request for accessible parking to accommodate a disability, the person receiving the request shall treat such request as a request for reasonable accommodation.
- HB 1973: Alcoholic beverage control; privileges of banquet licensees
Provides that banquet licensees that are nonprofit corporations or associations conducting fundraisers and that are authorized to sell wine, as part of any fundraising activity, in closed containers for off-premises consumption to persons to whom wine may be lawfully sold may, if conducting such fundraiser through an online meeting platform, ship such wine, in accordance with the regulations of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, in closed containers to persons located within the Commonwealth.
- HB 1981: Virginia Residential Landlord and Tenant Act; access to dwelling unit during certain emergencies
Provides that a tenant shall be deemed to have reasonable justification for declining to permit a landlord or managing agent to exhibit the tenant’s dwelling unit for sale or lease if the tenant has reasonable concern for his own health, or the health of any authorized occupant, during a state of emergency declared by the Governor in response to a communicable disease of public health threat and the tenant has provided written notice to the landlord informing the landlord of such concern. The bill requires the tenant in such circumstances to provide to the landlord or managing agent a video tour of the dwelling unit or other acceptable substitute for exhibiting the dwelling unit for sale or lease. The bill also provides that during a state of emergency declared by the Governor in response to a communicable disease of public health threat a tenant may provide written notice to the landlord requesting that one or more nonemergency property conditions in the dwelling unit not be addressed in the normal course of business of the landlord due to such communicable disease of public health threat. The bill provides that in such case the tenant shall be deemed to have waived any and all claims and rights under the Virginia Residential Landlord and Tenant Act against the landlord for failure to address such nonemergency property conditions. Lastly, the bill provides that in the case of a tenant who has provided notice that he does not want nonemergency repairs made during the state of emergency due to a communicable disease of public health threat, the landlord may nonetheless enter the dwelling unit, provided that the employees and agents sent by the landlord are wearing all appropriate and reasonable personal protective equipment as required by state law, (i) to do nonemergency repairs and maintenance with at least seven days’ written notice to the tenant and at a time consented to by the tenant, no more than once every six months, and (ii) if the landlord is required to conduct maintenance or an inspection pursuant to the agreement for the loan or insurance policy that covers the dwelling units.
- HB 1993: State agencies and their appointing authorities; diversity, equity, and inclusion strategic plans
Requires state agencies to establish and maintain a comprehensive diversity, equity, and inclusion strategic plan in coordination with the Governor’s Director of Diversity, Equity, and Inclusion.
- HB 2001: State and local buildings, certain; building standards
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.
- HB 2004: Virginia Freedom of Information Act; law-enforcement criminal incident information, criminal 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.
- HB 2014: Virginia Residential Landlord and Tenant Act; landlord’s acceptance of rent with reservation
Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord’s right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times except that a landlord with four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer rental dwelling units, may limit a tenant’s use of the right of redemption to once per lease period, provided that the landlord provides written notice of such limitation to the tenant. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development’s (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.
- HB 2025: Virginia FOIA; 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.
- HB 2029: Fire training activities; prohibition on the use of certain oriented strand board
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 live fire training activities.
- HB 2031: Facial recognition technology; authorization of use by local law-enforcement agencies, etc
Provides that no local law-enforcement agency or campus police department shall purchase or deploy facial recognition technology, defined in the bill, unless such purchase or deployment is expressly authorized by statute. The bill prohibits a local law-enforcement agency or campus police department at a public institution of higher education currently using facial recognition technology from continuing to use such technology without such authorization after July 1, 2021.
- HB 2046: Virginia Fair Housing Law; unlawful discriminatory housing practices
Prohibits any locality, its employees, or its appointed commissions from discriminating (i) in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability; (ii) in the permitting of housing developments because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located; or (iii) by prohibiting or imposing conditions upon the rental or sale of dwelling units, provided that the provisions of this subsection shall not be construed to prohibit ordinances related to short-term rentals. The bill provides that it shall not be a violation of the Virginia Fair Housing Law if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing. The bill also requires the Fair Housing Board, after determining the existence of an unlawful discriminatory housing practice and after consultation with the Attorney General, to immediately refer the matter to the Attorney General for civil action.
- HB 2054: Comprehensive plan; provision for transit-oriented development
Adds reducing, modifying, or waiving local parking requirements or ratios to the strategies that may be included when certain larger localities consider incorporating strategies to promote transit-oriented development in reviews of their comprehensive plans. The bill removes from the existing strategy of increasing development density in certain areas to reduce density in others the phrase “to reduce density in others.”
- HB 2072: Virginia Good Neighbor Next Door program; VHDA shall report recommendations for creating 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.
- HB 2085: Emergency Services and Disaster Law; local and interjurisdictional emergency operations plans
Requires local and interjurisdictional agencies to include provisions in their emergency operations plans to ensure that such plans are applied equitably and that the needs of minority and vulnerable communities are met during emergencies.
- HB 2130: Virginia LGBTQ+ Advisory Board; established, report
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.
- HB 2131: Alcoholic beverage control; license application, locality input
Adds the chief administrative officer of a locality to the list of persons who may be sent notice of certain license applications by the Board of Directors of the Virginia Alcoholic Beverage Control Authority. The bill also expands the definition of “criminal blight” for which the locality may require a property owner to take corrective action to include a condition existing on real property that endangers public health or safety and is caused by (i) the regular presence on the property of persons in possession of controlled substances and (ii) the discharge of a firearm under certain conditions.
- HB 2140: Alternative application for employment for persons with a disability; DHRM to create a process
Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process. The bill directs the Department of Human Resource Management to develop and disseminate a policy to implement the provisions of the bill.
- HB 2147: Human Rights, Division of; renamed as Office of Civil Rights
Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights.
- HB 2161: Active military or a military spouse; prohibits discrimination in public accommodations, etc
Prohibits discrimination in public accommodations, employment, and housing on the basis of a person’s military status, defined as a member of the uniformed services of the United States or a reserve component thereof or a spouse or other dependent of the same. The bill also prohibits terms in a rental agreement in which the tenant agrees to waive remedies or rights under the federal Servicemembers Civil Relief Act prior to the occurrence of a dispute between the landlord and the tenant. This bill is identical to SB 1410.
- HB 2170: Virginia Small Business Financing Authority; risk-based review of outstanding loans
Requires the Virginia Small Business Financing Authority to conduct a risk-based review of all outstanding loans at least annually and report the results of such review to the Board of Directors of the Authority. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
- HB 2171: Virginia Small Business Financing Authority; utilization or award of loan and grant program funds
Requires local and interjurisdictional agencies to include provisions in their emergency operations plans to ensure that such plans are applied equitably and that the needs of minority and vulnerable communities are met during emergencies.
- HB 2172: Small, women-owned, and minority-owned businesses; right to appeal denial of initial certification
Requires the Department of Small Business and Supplier Diversity to adopt regulations to establish a process for businesses that are denied initial certification as a small, women-owned, or minority-owned business to appeal such denial on the basis that the Department made a mistake in denying the business’s application for certification. This bill is a recommendation of the Joint Legislative Audit and Review Commission.
- HB 2175: Homeowners and tenants of manufactured home parks; housing protections, foreclosures, etc
Provides for various protections for homeowners and tenants of manufactured home parks, including (i) restricting the circumstances under which a court may order a person’s primary residence to be sold to enforce a judgment lien; (ii) requiring localities to incorporate into their comprehensive plans strategies to promote manufactured housing as a source of affordable housing; (iii) requiring the Director of Housing and Community Development to develop a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act; (iv) in the case of a deed of trust conveying owner-occupied residential real estate, prohibiting a trustee of such deed of trust from selling such property in a foreclosure sale without receiving an affidavit signed by the party that provided notice of the sale to the owner confirming that such notice was sent to the owner, with a copy of such notice attached to the affidavit; (v) in the case of a deed of trust conveying owner-occupied residential real estate, increasing the notice period for a foreclosure sale from 14 to 60 days and requiring such notice to provide the grantor with information regarding housing counseling; and (vi) requiring the landlord of a manufactured home park to provide tenants who own their manufactured home information about housing assistance and legal aid organizations. The bill also requires the Department of Housing and Community Development to convene a stakeholder group to assist in the development of the statement of tenant rights and responsibilities. The provisions of the bill related to the specifics of the notice that is required before a trustee can sell a property in a foreclosure sale have a delayed effective date of October 1, 2021. This bill is identical to SB 1327.
- HB 2202: Elevator mechanic or accessibility mechanic, certain; exemption from certification
Provides that an individual is not required to be certified as an elevator mechanic or accessibility mechanic when working under the direct and immediate supervision of an elevator mechanic or certified accessibility mechanic who is certified in the specialty for which work is being performed.
- HB 2222: Military medical personnel program; facilities that offer medical services to public, etc
Adds any facility that offers medical services to the public and that is supervised by one or more physicians or podiatrists to the list of entities that may participate in the military medical personnel program established by the Department of Veterans Services and directs the Department to assist veterans and other service members who are preparing for discharge or release and who have recently served in health care-related specialties but who do not meet the definition of “military medical personnel” in finding employment in the health care sector.
- HB 2227: 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.
- HB 2229: Virginia Residential Landlord and Tenant Act; responsibilities of real estate brokers, etc
Provides that if a dwelling unit used as a single-family residence is foreclosed upon and there is a tenant in such dwelling unit on the date of the foreclosure sale, if the successor in interest acquires the dwelling unit for the purpose of occupying such unit as his primary residence, the rental agreement terminates and the tenant is required to vacate the dwelling unit on a date not less than 90 days after receiving written notice. The bill also provides that if the successor in interest acquires the dwelling unit for any other purpose, the successor in interest acquires the dwelling unit subject to the rental agreement and is required to permit the tenant to occupy the dwelling unit for the remaining term of the lease. Under current law, the foreclosure sale acts as a termination of the rental agreement by the owner, but the tenant is permitted to remain in possession of the dwelling unit as a month-to-month tenant on the terms of the terminated rental agreement until the successor owner gives a notice of termination of the month-to-month tenancy. The bill contains technical amendments.
- HB 2249: Virginia Residential Landlord and Tenant Act; landlord charges for security deposits
Prohibits a landlord from requiring a tenant to pay a security deposit, insurance premiums for damage insurance, and insurance premiums for renter’s insurance prior to the commencement of the tenancy that exceed the amount of two months’ periodic rent. The bill permits a landlord, however, to add a monthly amount as additional rent to recover additional costs of such renter’s insurance premiums. Finally, the bill requires nonresident property owners to file the name and office address of the agent appointed by such nonresident property owner in the office of the clerk of the State Corporation Commission. Under current law, such information must be filed in the office of the clerk of the court in which deeds are recorded in the county or city in which the property lies.
- HB 2266: Alcoholic beverage control; outdoor refreshment area license
Renames the “local special events” license as the “designated outdoor refreshment area” license. The bill allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to increase the frequency and duration of events held under such license after adoption of an ordinance by a locality requesting such increase in frequency and duration. Under current law, localities are limited to holding 16 events per year under such license, with each event lasting no more than three consecutive days, except during the effective dates of any rule, regulation, or order that is issued by the Governor or State Health Commissioner to meet a public health emergency and that effectively reduces allowable restaurant seating capacity. The bill also increases the state and local license fees for designated outdoor refreshment area licenses issued pursuant to a local ordinance. This bill incorporates HB 2051 and is identical to SB 1471.
- HB 2307: Consumer Data Protection Act; personal data rights of consumer, etc
Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors. The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021. The bill has a delayed effective date of January 1, 2023. This bill is identical to SB 1392.
- HB 2308: Veterans of Foreign Wars, American Legion, etc.; quantity of land certain associations may hold
Increases from 75 to 200 the number of acres of land that any association or post of the Veterans of Foreign Wars, American Legion, Spanish War Veterans, Disabled American Veterans, or any similar association of veterans of the Armed Forces of the United States chartered by an act of Congress may hold. However, the bill provides that any such property in excess of 75 acres shall not be exempt from taxation unless an ordinance to that effect is adopted by the governing body of the locality in which the property is located.
- HB 2312: Marijuana; legalization of simple possession, etc
Eliminates criminal penalties for simple possession of up to one ounce of marijuana by persons 21 years of age or older, modifies several other criminal penalties related to marijuana, and imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The bill creates the Virginia Cannabis Control Authority (the Authority) and establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority. The bill contains social equity provisions that, among other things, provide support and resources to persons and communities that have been historically and disproportionately affected by drug enforcement. The bill has staggered effective dates and numerous provisions of the bill are subject to reenactment by the 2022 Session of the General Assembly. This bill incorporates HB 1815 and is identical to SB 1406. See H. B. 2312 Courts of Justice Substitute PDF text:
- HB 2320: Real property; required disclosures for buyer to exercise due diligence, flood risk report
Requires the Real Estate Board to make available on its website a flood risk information form, the details of which are outlined in the bill. The bill also provides that an owner of residential real property located in the Commonwealth who has actual knowledge that the dwelling unit is a repetitive risk loss structure, as defined in the bill, shall disclose such fact to the purchaser on a form provided by the Real Estate Board on its website. The bill has a delayed effective date of January 1, 2022. This bill is identical to SB 1389.
- HB 2321: Labor, Secretary of; position created in Governor’s Cabinet
Creates in the Governor’s Cabinet the position of Secretary of Labor. The bill transfers from the Secretary of Commerce and Trade to the Secretary of Labor responsibility for the Department of Labor and Industry, the Department of Professional and Occupational Regulation, and the Virginia Employment Commission. The bill removes the position of Chief Workforce Development Advisor and reassigns its duties to the Secretary of Labor. The bill also adds the Secretary of Labor to the Governor’s comprehensive economic development policy committe
- HB 2322: 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.
- HB 2327: Prevailing wage rate; clarifies that public works includes 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.
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.