Open-space and conservation easements; ruleof construction. Provides that if language in an open-space orconservation easement acquired pursuant to state law is ambiguous,such language shall be construed against the grantor and in favorof the grantee.
Commending the Division of Capitol Police.
Virtual Virginia. Requires that the Virtual Virginia Program, the statewide electronic classroom established by the Department of Education, be made available to all public schools. Currently, the program is available only to high schools. The bill requires the Department to utilize a learning management system for the purposes of implementing Virtual Virginia. The bill also authorizes the Department to charge a per-student, per-course fee to school divisions for each student enrolled in a full-time Virtual Virginia program beyond an initial allotment of 15 such students per course, per school. The bill prohibits the Department from limiting the total number of such students by school division. The bill requires the Department to annually report on the Virtual Virginia Program to the General Assembly.
Elections; preclearance of certain covered practicesrequired. Requires the governing body of any county, city, or town tosubmit, prior to enacting or seeking to administer any voting qualification orprerequisite to voting, or any standard, practice, or procedure with respect tovoting, that is a covered practice, such qualification, prerequisite, standard,practice, or procedure by either (i) instituting an action in the Court of Appealsfor a declaratory judgment that such qualification, prerequisite, standard,practice, or procedure neither has the purpose nor will have the effect ofdenying or abridging the right to vote on account of race or color ormembership in a language minority group or (ii) submitting such qualification,prerequisite, standard, practice, or procedure to the Office of the AttorneyGeneral. No qualification, prerequisite, standard, practice, or procedure thatis a covered practice shall be given effect until (a) the circuit court hasentered such judgment, (b) the Attorney General has not interposed an objectionwithin 60 days of the governing body's submission, or (c) upon good cause shownand to facilitate an expedited approval within 60 days of the governing body'ssubmission, the Attorney General has affirmatively indicated that no suchobjection will be made. The bill is modeled after the Section 5 preclearancerequirement of the Voting Rights Act of 1965, as amended. The bill defines"covered practice" as any change to the method of election in alocality, any change to jurisdiction boundaries, any change to electiondistricts or wards, or any change that reduces, consolidates, or relocatesvoting locations.
Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates explicit causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates HB 3, HB 21, HB 23, HB 217, HB 1050, HB 1200, and HB 1512.
Redistricting; Virginia Redistricting Commission; standards and criteria. Establishes the Virginia Redistricting Commission (the Commission) pursuant to Article II, Sections 6 and 6-A of the Constitution of Virginia. The Commission, tasked with establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly, will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, racial and ethnic fairness, communities of interest, contiguity, and compactness. The bill prohibits a map of districts from unduly favoring or disfavoring any political party when considered on a statewide basis.The bill provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.Provisions to ensure public participation in the redistricting process are included.If efforts to establish districts fail, the Supreme Court of Virginia is responsible for establishing districts, and the bill directs the Court to enact rules and procedures for doing so. The rules and procedures enacted by the Court are required to allow public participation in the Court's redistricting deliberations, to provide for the Division of Legislative Services to provide staff support and technical assistance to the Court, and to ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint two special masters to assist in the establishment of districts, from lists submitted by the legislative leaders of the majority and minority political parties.The bill has a contingent effective date of November 15, 2020, provided that the voters approve the amendments to Article II of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.
Redistricting; Virginia Redistricting Advisory Commission; standards and criteria. Establishes the Virginia Redistricting Advisory Commission (the Commission), a statutory legislative commission tasked with proposing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly that adhere to certain constitutional and statutory criteria and that will be submitted for consideration and adoption by the General Assembly. The Commission will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, racial and ethnic fairness, communities of interest, contiguity, and compactness. The bill prohibits a map of districts from unduly favoring or disfavoring any political party when considered on a statewide basis.The bill provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.Provisions to ensure public participation in the redistricting process are included, including requirements that meetings are video recorded and transcribed and the archived videos and transcripts be made available on the Commission's website. The bill also requires a series of public hearings to be conducted prior receipt of Census data and at least public hearings to be held prior to voting to submit any plan to the General Assembly. The General Assembly may reject initial plans developed by the Commission and provide information to the Commission regarding the reasons for rejecting such plans. The General Assembly is limited in its ability to amend plans until multiple plans have been submitted and rejected.
Transportation safety. Adopts several initiatives related to transportation and safety, including: (i) making it illegalto possess an open container of alcohol in a motor vehicle, (ii)requiring all passengers in a vehicle to wear safety belts and makingfailure to wear a safety belt a primary offense, (iii) prohibitingthe use of handheld personal communication devices, (iv) establishinga speed monitoring program in highway safety corridors that usesa vehicle sensor to take a picture of a vehicle traveling more than10 miles over the speed limit, subjecting the driver to a monetary fine, and (v) allowing localities to lower the speed limit below25 miles per hour in business and residential districts. The Commissionerof the Department of Motor Vehicles will establish an advisory committeeto oversee education and enforcement of policies such as the seatbeltand hands-free provisions. The bill also changes the vehicle inspectionsafety program to only require inspections of salvage vehicles thathave been rebuilt for highway use, converted electric vehicles, andoff-road motorcycles that have been converted to on-road use. Thebill contains numerous technical amendments.
Immunity of persons; statements regarding mattersof public concern or made at a public hearing; special plea to dismiss;stay of discovery. Provides that a person claiming immunity from certain claims for making statements at a public hearing or regarding matters of public concern may file a special plea to dismissthe underlying claim. The bill further provides that, upon the filingof such a plea, discovery related to such underlying claim shall be stayed pending the entry of an order adjudicating the plea. The billchanges from discretionary to mandatory the award of attorney feesto any person who has a suit dismissed against him due to the immunity.
Study; JCOTS; safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia; report. Directs the Joint Commission on Technology and Science (JCOTS) to study the safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia. In conducting its study, JCOTS shall examine (i) the negative impacts of weather, and geological and climate-related events, including displacement, economic loss, and damage to health or infrastructure; (ii) the area or areas and the number of citizens affected by such impacts; (iii) the frequency or probability and the time dimensions, including near-term, medium-term, and long-term probabilities of such impacts; (iv) alternative actions available to remedy or mitigate such impacts and their expected cost; (v) the degree of certainty that each of these impacts and alternative actions may reliably be known; and (vi) the technical resources available, either in state or otherwise, to effect such alternative actions and improve our knowledge of their effectiveness and cost. The provisions of the resolution are contingent on funding in a general appropriation act.
Study; barrier crimes and criminal history records checks; report. Establishes a joint subcommittee to study the Commonwealth's requirements related to barrier crimes and criminal history records checks. The resolution directs the joint subcommittee to, in conducting its study, develop recommendations related to (i) whether statutory provisions related to criminal history records checks, barrier crimes, and barrier crime exceptions should be reorganized and consolidated into a central location in the Code of Virginia; (ii) whether certain crimes should be removed from the list of barrier crimes; (iii) whether barrier crime exceptions and waiver processes should be broadened; (iv) whether the required amount of time that must lapse after conviction of certain barrier crimes should be shortened; and (v) other changes that could be made to criminal history records check and barrier crimes requirements that would improve the organization, effectiveness, and fairness of such provisions.
Study; staffing levels, employment conditions, and compensation at the Virginia Department of Corrections; report. Establishes a joint committee of the House Committee on Health, Welfare and Institutions; the House Committee on Public Safety; the Senate Committee on the Judiciary; and the Senate Committee on Rehabilitation and Social Services to study staffing levels, employment conditions, and compensation at the Virginia Department of Corrections. The resolution directs the joint committee to conclude its work by November 30, 2020, and to report its findings and recommendations no later than the first day of the 2021 Regular Session of the General Assembly.
