Unemployment compensation; disqualificationfor benefits; misconduct does not include refusing COVID-19 vaccine.Provides that for the purposes of the Virginia Employment Commissiondetermining if an individual was separated or partially separatedfrom employment for misconduct and would be disqualified for unemploymentbenefits, the term "misconduct" does not include an employee's refusalto receive or receive in part any primary series or booster shotof a vaccine for the prevention of COVID-19.
Concealed handgun permits; penalties. Changesthe penalty for a first violation of carrying a concealed weapon without a permit from a Class 1 misdemeanor to a civil penalty ofnot more than $100, a second violation from a Class 6 felony to a Class 2 misdemeanor, and a third or subsequent violation from a Class5 felony to a Class 1 misdemeanor. The bill also provides that aperson, unless otherwise disqualified, shall not be precluded fromapplying for a concealed handgun permit during the pendency of theproceedings for a violation. If such person is issued a valid concealedhandgun permit while a charge for a violation is pending, he mayoffer such permit to the court, and the court may dismiss the charge.
Public employees; labor union dues deductionauthorization. Requires consent by public employees authorizedto engage in collective bargaining before union or employee associationdues are deducted from the employees' pay directly by their employers.The bill allows public employees to stop paying union or employee association dues at any time and gives public employees an annual opportunity to reconfirm that they want to continue union or employeeassociation membership and pay such dues. The bill provides thatif an employee does not reconfirm then the dues deduction must cease.
Minimum wage; definition of wages. Amends the definition of "wages" for the purposes of the Virginia Minimum Wage Act such that "wages" includes the reasonable cost to an employer of providing payments for health care benefits to an employee, provided that the employee is paid a cash wage at a rate not less than the greater of $11.00 per hour or the federal minimum wage.
Killing the fetus of another; manslaughter;penalties. Provides that any person who kills the fetus of anotherby an intentional act committed while in the sudden heat of passionupon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that anyperson who kills the fetus of another accidentally, contrary to theintention of the parties and while engaged in conduct so gross, wanton,and culpable as to show a reckless disregard for human life, is guiltyof involuntary manslaughter, which is also punishable as a Class5 felony.
Public employees; compensation for union activities.Prohibits any employer of public employees authorized to engage incollective bargaining from entering into a collective bargainingagreement to compensate any public employee or third party for anemployee organization's or union's activities. Further, if a union'sactivities infringe on an employer's time and resources, the unionmust compensate the employer at a fair market value rate. The bill provides for enforcement by the Attorney General and creates a causeof action for public employees to remedy potential violations. Theprovisions of the bill preempt inconsistent local laws and regulations.
Project labor agreements; prevailing wage; collective bargaining for employees of local governments. Provides that state agencies, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, paid for in whole or in part by state funds, shall neither require nor prohibit bidders to enter into or adhere to agreements with one or more labor organizations on the public works projects. The bill removes requirements for the payment of prevailing wage for work performed on public works contracts for state agencies. In addition, the bill removes the authority for a locality, by a local ordinance or resolution, to recognize any labor union or other employee association as a bargaining agent of any public officers or employees or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents.
Minimum wage. Repeals certain provisionsof the Code of Virginia related to increasing the state minimum wageto more than $11.00 per hour. The bill also repeals provisions relatedto increasing the state minimum wage based on an annual adjustedminimum wage determined by the Department of Labor and Industry.
Prosecution of felony due to lapse of time; judicial emergency; administrative delays. Provides that the speedy trial provisions shall be tolled upon a declaration of a judicial emergency. The bill also provides that the speedy trial provisions shall be tolled upon administrative delays resulting from the enactment of Chapter 43 of the Acts of Assembly of 2020, Special Session I, and creates a process by which a party may file a motion for an immediate interlocutory appeal of a trial date set outside of the speedy trial provisions if such trial could not be scheduled due to such administrative delays. The provisions of the bill related to such administrative delays sunset on December 31, 2024.
Parole Board; powers and duties. Provides that the Virginia Parole Board (the Board) shall review and decide the case of each prisoner who is eligible for parole no later than that part of the calendar year in which he becomes eligible and (i) every three years thereafter, until he is released on parole or discharged, provided that there are 10 years or more or life imprisonment remaining on the sentence in each case, or (ii) annually thereafter, until he is released on parole or discharged if there are fewer than 10 years remaining on the sentence in each case. The bill also provides that, as a part of the investigation before the Board decides to grant or deny parole, the Board shall, if applicable, review in its entirety the transcript from the trial that resulted in the conviction or convictions for which the inmate is currentlyserving a term of imprisonment.
Public school teachers; probationary term ofservice, grounds for dismissal, and dismissal hearings. Permitseach school board to extend for up to two additional years the three-year probationary term of service that is required for each teacher inthe school division before the issuance of a continuing contractand prohibits each school board from reemploying a teacher whose performance evaluation during such probationary period is not satisfactory.The bill provides that, for the purpose of the dismissal of a teacherfor cause, the term "incompetency" may be construed to include consistentfailure to meet the endorsement requirements for the position orone or more unsatisfactory performance evaluations. The bill also eliminates the option for a school board to conduct a teacher dismissalhearing before a three-member fact-finding panel, requires each suchhearing to be set no later than 15 days after the request for thehearing, and reduces from 10 days to five days the minimum periodof advance written notice to the teacher of the time and place ofsuch hearing.
Multi-jurisdiction grand jury; elder abuse crimes. Adds the following to the list of crimes that a multi-jurisdiction grand jury may investigate: (i) financial exploitation of mentally incapacitated persons and (ii) abuse and neglect of incapacitated adults.
