Nonpayment of wages; discriminatory actions prohibited. Prohibits an employer from discharging or otherwise discriminating against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding related to the failure to pay wages, or has testified or is about to testify in any such proceeding. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited discriminatory action. Available remedies include reinstatement of the employee, recovery of lost wages, and liquidated damages. The provisions of the bill are contingent on funding in a general appropriation act.
Special license plate; Air Medal. Creates a special license plate for persons awarded the Air Medal or for unremarried surviving spouses of such persons. An annual $10 fee, in addition to the prescribed cost of state license plates, will be charged for each set of such plates issued.
Landlord and tenant; tenant's remedy by repair. Permits a tenant, under certain circumstances, to have a condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law, or that if not promptly corrected will constitute a fire hazard or serious threat to the life, health, or safety of occupants of the premises, remedied by a third-party licensed contractor or a licensed pesticide business. The bill provides that, unless the tenant has been reimbursed by the landlord, the tenant may deduct from rent the actual costs incurred, not to exceed the greater of one month's rent or $1,500, after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services.
Threats and harassment of certain officials and property; venue. Provides that certain crimes relating to threats and harassment may be prosecuted in the City of Richmond if venue cannot otherwise be established and the victim is (i) the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia and (ii) such official or employee was threatened or harassed while engaged in the performance of his public duties or because of his position with the Commonwealth. In addition, threats to damage property may be prosecuted in the City of Richmond if venue cannot otherwise be established and the property is owned by the Commonwealth and located in the Capitol District.
Board of zoning appeals; dual office holding. Authorizes a member of a board of zoning appeals to be appointed to also serve as an officer of election. This bill is identical to HB 370.
Department of Game and Inland Fisheries; namechange. Renames the Department of Game and Inland Fisheries asthe Department of Wildlife Resources and the Board of Game and InlandFisheries as the Board of Wildlife Resources.
Virginia Retirement System; retired law-enforcement officers employed as school security officers. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer, so long as he has a break in service of at least 12 calendar months between retirement and reemployment, did not retire under an early retirement program, and did not retire under the Workforce Transition Act of 1995. The bill is identical to HB 1495.
Distribution of mail voter registration applicationforms; certain public and private institutions of higher education.Requires the Department of Elections to provide a reasonable numberof mail voter registration application forms to public institutionsof higher education, nonprofit private institutions of higher educationthat are eligible to participate in the Tuition Assistance GrantProgram, and any other education institution that is authorized toissue bonds. The bill requires the State Council of Higher Educationfor Virginia to assist the Department by providing a list of suchinstitutions and by requesting those institutions to make the mailvoter registration application forms available to students.
Vital records; definitions.Expands the definitionof "dead body," for the purposes of the administration of vital recordsand the prohibition against disposal or concealment, beyond the recently deceased to include human bodies or body parts in any state of decomposition.
Tethering animals; adequate shelter and space. Provides that the outdoor tethering of an animal does not meet the requirement of adequate shelter during a hurricane warning or tropical storm warning or if the animal is not safe from predators or well suited or equipped to tolerate its environment. The bill provides that unless an animal control officer has inspected an animal's individual circumstances and determined it to be safe from predators and well suited and equipped to tolerate its environment, no such outdoor tethering during a heat advisory, a severe weather warning, or a period when the temperature is 85 degrees Fahrenheit or higher or 32 degrees Fahrenheit or lower shall constitute the provision of adequate shelter. The measure increases the minimum tether length required to constitute adequate space to 15 feet in length or four times the length of the animal, whichever is greater. Current law requires the tether to be at least 10 feet in length or three times the length of the animal, whichever is greater. The bill provides an exception for a case in which an animal control officer, having inspected an animal's individual circumstances, determines that a shorter tether of at least 10 feet or three times the length of the animal makes the animal safer, more suited, and better equipped to tolerate its environment than a longer tether would. This bill is identical to SB 272.
Driving while license, permit, or privilegeto drive suspended or revoked; mandatory minimum. Eliminatesthe mandatory minimum term of confinement in jail of 10 days fora third or subsequent conviction of driving on a suspended license.
Arrest and prosecution when experiencing or reporting overdoses. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol; possession of a controlled substance; possession of marijuana; intoxication in public; or possession of controlled paraphernalia if (i) such individual (a) seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, or (b) is experiencing an overdose and another individual seeks or obtains emergency medical attention for him; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of an individual seeking or obtaining emergency medical attention. The bill also provides that no law-enforcement officer acting in a good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution. Current law provides an affirmative defense to such offenses only when an individual seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose.
