Income tax credits and deductions; householdand dependent care services. Provides an income tax credit toindividuals and married persons filing a joint return in an amountequal to a percentage of the federal tax credit provided for householdand dependent care services necessary for gainful employment. Underthe provisions of the bill, the percentage amounts of the federalcredit are as follows: 100 percent for single taxpayers with up to$50,000 of adjusted gross income, 75 percent for single taxpayerswith up to $100,000 of adjusted gross income, 50 percent for singletaxpayers with up to $250,000 of adjusted gross income, and zeropercent for taxpayers with over $250,000 of adjusted gross income.The income thresholds are doubled for married taxpayers filing jointly.The bill makes such credit available for taxable year 2020. Under current law, a deduction, but not acredit, is allowed to such taxpayers for such expenses. The deductionis not available in taxable year 2020 but will be available againin subsequent years.
Emergency laws; powers and duties of Governor.Limits the Governor's powers as the Director of Emergency Managementby requiring that emergency rules, regulations, and executive ordersbe objectively necessary and required to control, restrict, allocate,or regulate the use, sale, production, and distribution of food, fuel,clothing and other commodities, materials, goods, services, and resources under any state or federal emergency services programs,rather than necessary in the Governor's judgment. The bill also prohibits an emergency executive order from closing any business,or any category of business or industry, either temporarily or permanently,unless pursuant to a confirmed order of quarantine or isolation.Emergency rules, regulations, and orders are set to automaticallyexpire with the convening of the next regular session of the GeneralAssembly, as opposed to on June 30 following such regular session.
Emergency Services and Disaster Law; limitationon duration of executive orders. Limits the duration of any executiveorder issued by the Governor pursuant to his powers under the EmergencyServices and Disaster Law to no more than 30 days from the date of issuance. The bill provides that if the General Assembly does nottake any action on the rule, regulation, or order within the 30 daysduring which the rule, regulation, or order is effective, the Governormay once again issue the same rule, regulation, or order but shallthereafter be prohibited from issuing the same or a similar rule,regulation, or order relating to the same emergency. Under currentlaw, once issued, such executive orders are effective until June30 following the next regular session of the General Assembly.
Emergency Services and Disaster Law; limitationon duration of executive orders. Limits the duration of any executiveorder issued by the Governor pursuant to his powers under the EmergencyServices and Disaster Law to no more than 30 days from the date ofissuance. The bill provides that if the General Assembly does nottake any action on the rule, regulation, or order within the 30 daysduring which the rule, regulation, or order is effective, the Governorshall thereafter be prohibited from issuing the same or a similarrule, regulation, or order relating to the same emergency. Undercurrent law, once issued, such executive orders are effective untilJune 30 following the next regular session of the General Assembly.
Emergency Services and Disaster Law; limitationon duration of executive orders. Limits the duration of any executiveorder issued by the Governor pursuant to his powers under the EmergencyServices and Disaster Law to no more than 45 days from the date ofissuance. The bill provides that if the General Assembly does nottake any action on the rule, regulation, or order within the 45 daysduring which the rule, regulation, or order is effective, the Governorshall thereafter be prohibited from issuing the same or a similarrule, regulation, or order relating to the same emergency. Undercurrent law, once issued, such executive orders are effective untilJune 30 following the next regular session of the General Assembly.
Emergency Services and Disaster Law; powersand duties of the Governor; prohibition on certain executive ordersrelated to the COVID-19 pandemic. Prohibits the Governor fromextending or issuing any new executive orders declaring a state ofemergency related to the COVID-19 pandemic.
Guests of transient lodging facilities impactedby the COVID-19 pandemic; application of the Virginia ResidentialLandlord and Tenant Act; emergency. Suspends provisions of theCode of Virginia that allow an innkeeper or property owner of a hotel,motel, extended stay facility, vacation residential facility, boardinghouse,or similar transient lodging to evict a guest using self-help methodsduring the declared public health emergency related to the COVID-19pandemic and applies the provisions of the Virginia Residential Landlordand Tenant Act to (i) a guest who uses such lodging as his primaryresidence for any length of time as tenant and (ii) the innkeeperor property owner of such lodging, or his agent, as landlord. Thebill contains an emergency clause.
Emergency Services and Disaster Law; immunityfrom liability; sheriffs' offices and regional jails. Clarifiesthat sheriffs' offices and regional jails are considered public agencies for purposes of immunity from liability for the death of, or anyinjury to, persons or damage to property resulting from emergencyservices activities provided while complying with or attempting tocomply with the Emergency Services and Disaster Law or any rule,regulation, or executive order promulgated pursuant to the provisionsof the Emergency Services and Disaster Law.
Application of parole statutes for juvenilesand persons committed upon felony offenses committed on or afterJanuary 1, 1995. Repeals the abolition of parole. The bill alsoprovides that the Virginia Parole Board shall establish proceduresfor consideration of parole for persons who were previously ineligiblefor parole, because parole was abolished, to allow for an extensionof time for reasonable cause.
Local control of firearms; concealed handgunpermit. Provides that any local ordinances that prohibit the possession, carrying, or transportation of any firearms, ammunition,or components or combination shall not apply to a person who hasa valid concealed handgun permit.
Civil action for law-enforcement free zonesand standing down during a riot or unlawful assembly. Providesa civil cause of action for any person who suffers a bodily injuryor who has property damaged or destroyed in a law-enforcement freezone, defined in the bill.
Paid sick time. Requires public and private employers to provide eligible employees paid sick time that can be used during a pandemic. The bill requires employers to provide all full-time and part-time employees with paid sick time if the Governor has declared a state of emergency in response to a communicable disease of public health threat. The bill provides that such paid sick time is available for immediate use by the employee, regardless of how long the employee has been employed by the employer and does not count toward the employee's paid sick time use or accrual limit. The bill provides that such paid sick time may be used for (i) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (ii) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; or (iii) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease. The bill provides for full-time employees to earn up to 40 additional hours of paid sick time. Employees earn such sick time at a rate of one hour of paid sick leave benefit for every 30 hours worked. An employee is prohibited from earning or using more than 40 hours of such paid sick time in a year, unless the employer selects a higher limit. The bill provides that earned paid sick time may be used for (a) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (b) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; (c) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease; (d) closure of the employee's place of business by order of a public official due to the communicable disease of public health threat; or (e) providing care or arranging for care for a child whose school or child care provider is closed, unavailable, or is only providing virtual learning due to the communicable disease of public health threat. The bill prohibits employers from taking certain retaliatory actions against employees related to earned paid sick leave and authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this bill and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2021.
