Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
Food and drink permit requirements; regulations. Directs the Commissioner of Agriculture and Consumer Services (the Commissioner), after conducting the required inspection, to issue a permit for the operation of any food manufacturer, food storage warehouse, or retail food establishment. The bill prohibits the operation of such manufacturer, warehouse, or establishment without a permit unless the inspection finds no significant health hazard and the business is awaiting receipt of its permit, which shall be processed within 30 days of the inspection. The bill authorizes the Commissioner to deny, suspend, or revoke such permit for certain violations and authorizes the Commissioner to suspend such permit and seek an expedited informal fact-finding proceeding if conditions exist that present a significant and immediate public health hazard.The bill requires the Commissioner to issue a permit to any manufacturer, warehouse, or establishment that is legally operating on July 1, 2021, and has satisfactorily completed its most recent inspection. The bill also authorizes the Board of Agriculture and Consumer Services to adopt regulations to administer the permitting process and directs the Commissioner to develop a written appeal process for use when a permit is suspended.
Minimum wage; farm laborers or farm employees. Eliminates the exemptions from Virginia's minimum wage requirements for (i) persons employed as farm laborers or farm employees and (ii) certain temporary foreign workers.
Virginia Human Rights Act; nondiscriminationin employment; sexual harassment and workplace harassment. Clarifies,by defining sexual harassment and workplace harassment, what constitutesan unlawful employment practice if engaged in by an employer. Thebill also provides (i) a nonexhaustive list of factors to considerwhen determining whether certain conduct constitutes workplace harassment; (ii) that a person claiming to be aggrieved by an unlawful discriminatory practice may file a written complaint with the Division of HumanRights within two years after the occurrence of the alleged unlawfuldiscriminatory practice; and (iii) that an aggrieved person who hasbeen provided a notice of his right to file a civil action for suchgrievance may do so within one year of receiving such notice andmay be awarded reasonable attorney fees, including costs and reasonablelitigation expenses, if the court or jury finds in his favor. Thebill also amends the definition of "employer" to mean a person employingfive or more employees, instead of 15 or more employees under currentlaw, for each working day in each of 20 or more calendar weeks inthe current or preceding calendar year, and any agent of such a person.
Virginia Redistricting Commission; removal of commissioners; emergency. Provides for the removal of a commissioner from the Virginia Redistricting Commission for neglect of duty or gross misconduct. Removal would require affirmative votes of at least six of the eight legislative commissioners and at least six of the eight citizen commissioners. Such a vote is required to be recorded and taken in a public meeting. The bill contains an emergency clause.
School personnel; school nurses. Excludesschool nurse positions from requirements for student support positions and instead requires each local school board to employ at least onefull-time equivalent school nurse position in each elementary school,middle school, and high school in the local school division. Thebill defines a school nurse as a registered nurse engaged in thespecialized practice of nursing who protects and promotes studenthealth, facilitates optimal development, and advances academicsuccess.
Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains, provided that any such person is 18 years of age or older and of sound mind. The bill sets out, among other things, the circumstances under which such persons forfeit the right to make arrangements and otherwise be responsible for a person's funeral and the disposition of his remains and sets out assertions that a person seeking to exercise the right to make such arrangements must attest to in a signed written statement to be delivered to the funeral service establishment. Any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon such a written statement shall be immune from civil or criminal liability for any act, decision, or omission in connection with following such person's direction related to the decedent's funeral and the disposition of his remains, unless such act, decision, or omission resulted from willful neglect or bad faith. The bill sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill specifies that the provisions do not apply to cemeteries or cemetery companies.
Status offenders; willful and material violation of court order or terms of probation; notice; orders of disposition for violation. Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation.
Constitutional amendment (first reference);legislative sessions; length of regular sessions convened in odd-numberedyears. Provides that a regular session of the General Assemblyconvened in odd-numbered years shall be for no longer than 46 days.Currently, sessions convened in such years are to last for no longerthan 30 days. The authority of the General Assembly, with the concurrenceof two-thirds of the elected members, to extend regular sessionsfor a period of no more than 30 days is unchanged.
Common-law crime of suicide. Abolishes thecommon-law crime of suicide. Suicide is currently a common-law crimein Virginia, although there is no statutorily prescribed punishment.
Health insurance; cost-sharing payments for prescription asthma inhalers. Prohibits health insurance companies and other carriers from setting an amount exceeding $50 per 30-day supply of a tier one or tier two prescription asthma inhaler that a covered person is required to pay at the point of sale in order to receive a covered prescription asthma inhaler unless the carrier is prohibited from providing the additional benefits under state or federal law. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i) authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a covered prescription asthma inhaler in an amount that exceeds such limitation. The provisions apply with respect to health plans and provider contracts entered into, amended, extended, or renewed on or after January 1, 2022.
Summons for unlawful detainer; notice; adverse employment actions prohibited. Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.
