Alcoholic beverage control; license and fee reform. Reorganizes all alcoholic beverage control licenses pursuant to the three-tier structure and license privileges, consolidates many licenses with common privileges, aligns license fee amounts with enforcement demands, and standardizes quantity limits on alcohol samples. The bill has a delayed effective date of July 1, 2021. This bill is identical to SB 389.
Enhancement of micro-business participation in local procurement. Allows any locality to enact an ordinance to enhance micro-business participation in local government procurement practices. Such measures may include special designation of local micro-businesses, providing technical support to micro-businesses, setting target goals for micro-business participation in the local procurement process, and other reasonable measures intended to promote micro-business participation in the locality. "Micro-business" is defined as a small, women-owned, or minority-owned business with no more than 25 employees.
Appeals of right in general district court;order or judgment altering prior final orders or judgments; separate notices of appeal. Provides that there shall be an appeal ofright to a court of record from any order entered or judgment renderedin a general district court that alters, amends, overturns, or vacatesany prior final order entered or judgment rendered on any issuespreviously adjudicated on the merits in the prior proceeding. Thebill further provides that a party to an action in general districtcourt may file a separate notice of appeal relating to any otherfinal order or judgment entered in an action by filing a notice ofappeal within the 10-day appeal of right time period, or within fivebusiness days after such notice of appeal is filed, whichever islater.
Disposal of solid waste fees; Russell County. Allows Russell County to levy fees by ordinance, and after a public hearing, for the disposal and management of solid waste at a county collection or disposal facility not to exceed the actual cost incurred by the county in procuring, developing, maintaining, and improving the landfill and for such reserves as may be necessary for capping and closing such landfill in the future. The bill adds Russell County to the list of counties permitted to use fees to purchase equipment and grants Russell County the same authority that Accomack, Highland, Pittsylvania, Southampton, and Wise Counties have regarding collection of such fees. This bill is identical to SB 329.
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and directs the Department of State Police (the Department) to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who sells a firearm to another person without obtaining the required background check is guilty of a Class 6 felony. The bill also provides that a transferee who receives a firearm from another person without obtaining the required background check is guilty of a Class 1 misdemeanor. The bill exempts transfers (i) between immediate family members; (ii) that occur by operation of law; (iii) by the executor or administrator of an estate or by the trustee of a testamentary trust; (iv) at firearms shows in accordance with law; (v) that are part of a buy-back or give-back program; (vi) of antique firearms; (vii) that occur at a shooting range, shooting gallery, or any other area designed for the purpose of target shooting or for use during target practice, a firearms safety or training course or class, a shooting competition, or any similar lawful activity; or (viii) that are temporary transfers that (a) occur within the continuous presence of the owner of the firearm or (b) are necessary to prevent imminent death or great bodily harm. The bill removes the provision that makes background checks of prospective purchasers or transferees at firearms shows voluntary. The bill also provides that the Department shall have three business days to complete a criminal history record information check before a firearm may be transferred.
Commission on Wellness and Opportunity established. Creates the 21-member Commission on Wellness and Opportunity in the legislative branch to study and make recommendations relating to establishing the mission and vision of what health and wellness means for Virginia by examining various dimensions of health and wellness, including but not limited to physical, intellectual, emotional, spiritual, environmental, and social wellness, and utilizing the comprehensive theoretical framework of "the social determinants of health"; identifying and defining measurable opportunities and outcomes that build community competence around well-being; and making policy recommendations for improving the quality of life for the people of the Commonwealth. The Commission shall meet at least quarterly. The bill provides that the Commission will sunset on July 1, 2025.
Income tax credits for housing choice vouchers; eligible housing areas. Expands the definition of "eligible housing area" for purposes of the housing choice voucher tax credit to include the Washington-Arlington-Alexandria Metropolitan Statistical Area. Landlords who rent qualified housing units within such areas are eligible for an income tax credit. Current law only applies to certain areas within the Richmond Metropolitan Statistical Area and the Virginia Beach-Norfolk-Newport News Metropolitan Statistical Area. The bill provides that the credit would sunset in 2025. Under current law, there is no sunset. This bill is identical to HB 590.
Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action, individually, jointly, with other aggrieved employees as a collective action, or on behalf of similarly situated employees as a collective action, under the federal Fair Labor Standards Act against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due, an additional amount as liquidated damages, and reasonable attorney fees and costs. If the court finds that the employer knowingly failed to pay wages, the court shall award the employee reasonable attorney fees and costs and the employer is subject to a civil penalty not to exceed $1,000 for each violation. If the court finds that the employer's failure to pay wages was willful and with intent to defraud the employee, the court shall award the employee triple the amount of wages due and reasonable attorney fees and costs. The measure also provides that any construction contract entered into on or after July 1, 2020, shall be deemed to include a provision under which the general contractor and the subcontractor are jointly and severally liable to pay the wages due to the subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The provisions of the bill related to construction contracts only apply if (i) it can be demonstrated that the general contractor knew or should have known that the subcontractor was not paying his employees all wages due, (ii) the construction contract is related to a project other than a single family residential project, and (iii) the value of the project, or an aggregate of projects under one construction contract, is greater than $500,000.
Virginia Tourism Authority; Governor's New Airline Service Incentive Fund. Creates the Governor's New Airline Service Incentive Fund to be administered by the Virginia Tourism Authority to support the local, regional, national, and international airports in Virginia by providing the means for attracting new passenger air service routes by advertising and promoting new air service routes that would commence in Virginia. The bill provides that expenditures must be consistent with the commercial air service plan adopted by the Virginia Aviation Board. The bill requires that a grant from the Fund shall not be awarded if it can be reasonably anticipated to result in the reduction of existing commercial air service at another airport located within the Commonwealth. This bill incorporates SB 984 and is identical to HB 1602.
Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.
Commission on School Construction and Modernization established; report. Establishes the Commission on School Constructionand Modernization for the purpose of providing guidance and resourcesto local school divisions related to school construction and modernizationand making funding recommendations to the General Assembly and theGovernor. The bill has a sunset date of July 1, 2026, with a provisionthat if the Commission does not receive funding in the appropriationact after its first year, it will sunset on July 1 of the followingyear.
Indexing of wills. Provides that, at the time of qualification of an executor, every will shall be indexed in the name of the decedent and such executor.
