Mechanics' liens; right to withhold payment.Specifies that the use of funds paid to a general contractor or subcontractorand used by such contractor or subcontractor before paying all amountsdue for labor performed or material furnished gives rise to a civilcause of action for a party who is owed such funds. The bill furtherspecifies that such cause of action does not affect a contractor'sor subcontractor's right to withhold payment for failure to properlyperform labor or furnish materials and that any contractual provision that allows a party to withhold funds due on one contract for allegedclaims or damages due on another contract is void as against publicpolicy.
Local school boards; lead testing; report; parental notification. Requires each local school board's plan to test and remediate certain potable water sources to be consistent with guidance published by the U.S. Environmental Protection Agency or the Department of Health. The bill requires each local school board to submit such testing plan and report the results of any such test to the Department of Health. The bill also requires local school boards to take all steps necessary to notify parents if testing results indicate lead contamination that exceeds 10 parts per billion. The bill is identical to HB 797.
Additional sales and use tax in Gloucester County; appropriations to incorporated towns for educational purposes. Authorizes Gloucester County to impose an additional local sales and use tax at a rate not to exceed one percent, as determined by the governing body, if initiated by a resolution of the local governing body and approved by the voters at a referendum. The bill requires the governing body to specify in the enacting ordinance the time period, not to exceed 20 years, for which the tax would be imposed. Revenue from the tax shall be used solely for capital projects for new construction or major renovation of schools in the locality enacting the tax. The bill removes the limit on the amount that Gloucester County may appropriate to an incorporated town that has not complied with the provisions of its charter relating to the elections of local officials. Under current law, such amount is limited to the amount the town would have received from local sales and use tax for educational purposes if such election had been held. Under current law, only Halifax County has the authority to impose such taxes and make such appropriations.
Charter; Town of Brodnax; town council; membership; meetings. Reduces from seven to five the number of town councilmen for the Town of Brodnax. The bill also reduces from four to three the number of councilmen needed for a quorum and from four to two the number of councilmen needed to call a special meeting. The bill contains an emergency clause and is identical to HB 168.
Emergency Medical Services Patient Care Information System; trauma data; confidentiality. Authorizes the State Health Commissioner to disclose certain confidential data in the Emergency Medical Services Patient Care Information System, including information, research, or medical data that identifies patients by name or address, to certain entities that seek to improve the delivery of prehospital and hospital emergency medical services, the quality of patient care, and access to medical services or to make other system improvements, if the Commissioner determines that such disclosure is necessary to develop and implement such improvements. The bill requires the Board of Health to develop and approve a policy specific to the sharing of data from the Emergency Medical Services Patient Care Information System.
Rebuilt vehicles; issuance of title. Allowsa title to be issued for a rebuilt vehicle without an inspectionby the Department of Motor Vehicles if (i) the rebuilder has been licensed as an auto recycler, salvage pool, or vehicle removal operatorin good standing for at least 10 years, (ii) the rebuilt vehicleis at least 10 years old but is not an antique motor vehicle, and(iii) the resale value of the rebuilt vehicle is less than $10,000.
School boards; applicants for employment andvolunteer service; criminal history. Prohibits each school boardfrom employing or accepting the volunteer service of any individualwho has been convicted of a violent felony set forth in subsectionC of § 17.1-805 of the Code of Virginia or any offense involvingthe sexual molestation, physical or sexual abuse, or rape of a child.The bill permits each school board to employ or accept the volunteerservice of any individual who has been convicted of any felony orcrime of moral turpitude that is not set forth in subsection C of§ 17.1-805 of the Code of Virginia and does not involve the sexualmolestation, physical or sexual abuse, or rape of a child, providedthat in the case of a felony conviction, such individual has hadhis civil rights restored by the Governor. The bill contains parallelprovisions for contractors and their employees who have direct contactwith students on school property during regular school hours or during school-sponsored activities. Current law provides that any felonyconviction is a bar to employment and contract work in public schools.
Involuntary admission; transportation; transfer to local law enforcement. Establishes procedures for changing the transportation provider designated to provide transportation to a minor or a person who is the subject of a temporary detention order and provides that in cases in which an alternative transportation provider providing transportation of a minor or a person who is subject to an involuntary admission order becomes unable to continue providing transportation, local law enforcement shall take custody of the minor or person and provide transportation to the proper facility. This bill incorporates HB 1117 and is identical to SB 603.
Early childhood care and education; licensing. Requires the Board of Education to establish a statewide unified public-private system for early childhood care and education in the Commonwealth to be administered by the Board of Education, the Superintendent of Public Instruction, and the Department of Education. The bill transfers the authority to license and regulate child day programs and other early child care agencies from the Board of Social Services and Department of Social Services to the Board of Education and Department of Education. The bill maintains current licensure, background check, and other requirements of such programs. Such provisions of the bill have a delayed effective date of July 1, 2021. The bill requires the Superintendent of Public Instruction to establish a plan for implementing the statewide unified early childhood care and education system and requires the Department of Social Services and the Department of Education to enter into a cooperative agreement to coordinate the transition. The bill also requires the Board of Education to establish, no later than July 1, 2021, a uniform quality rating and improvement system designed to provide parents and families with information about the quality and availability of certain publicly funded early childhood care and education providers and to publish the initial quality ratings under such system in the fall of 2023. This bill is identical to SB 578.
Department of Medical Assistance Services; study;Personal Maintenance Allowance and impact on employment. Directsthe Department of Medical Assistance Services to establish a workgroup to evaluate the current Personal Maintenance Allowance amountfor individuals receiving Medicaid-funded waiver services and theimpact of the current Personal Maintenance Allowance amount and otherincome limits on the ability of Medicaid waiver service recipientsto engage in meaningful work and establish and maintain independence.The work group shall report its findings and conclusions to the Governor,the General Assembly, and the Chairman of the Joint Commission onHealth Care by November 1, 2020.
Board of Education; high school graduation requirements; certain substitutions. Requires the Board of Education, in establishing high school graduation requirements, to permit a student who is pursuing an advanced diploma and whose individualized education program specifies a credit accommodation for world language to substitute two standard units of credit in computer science for two standard units of credit in a world language. The bill provides that for any student electing to substitute a credit in computer science for credit in world language, his school counselor shall provide notice to the student and parent or guardian of possible impacts related to college entrance requirements.
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, 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 measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees. This bill incorporates HB 482.
