Del. Vivian Watts

Causing or encouraging acts rendering childrensexually abused; penalty. Provides that any person 18 yearsof age or older who (i) (a) has physical custody of a minor, (b)allows a minor to reside at his residence, (c) is in a position oftrust or authority over a minor, or (d) is the temporary caretakerof a minor; (ii) is more than three years older than such minor;and (iii) willfully contributes to, encourages, or causes any act, omission, or condition that results in any sexual act upon the minorin violation of the law is guilty of a Class 4 felony.

Policies against workplace harassment; legislative branch. Requires each legislative branch agency to adopt and implement the Commonwealth Workplace Harassment Policy established by the Department of Human Resource Management. The bill provides that the Policy applies to legislative branch employees, including General Assembly members and members-elect, when undertaking meetings with other state employees, contract employees, applicants for employment, customers, vendors, members of the media, members of the public, volunteers, or lobbyists or when conducting or performing election activities in the scope of official duties.Under the bill, a victim of alleged workplace harassment will be able to file a complaint against a legislative branch employee, other than a member of the General Assembly, in accordance with the procedures of the Policy or with the Division of Human Rights in the Office of the Attorney General. The Division of Human Rights is authorized to investigate the complaint and use any other powers with regard to the complaint granted to it under law. The bill requires each house of the General Assembly to adopt rules governing procedures and disciplinary sanctions for General Assembly members and members-elect violating policies against workplace harassment.The 2018 Session of the General Assembly enacted legislation requiring full-time legislative branch employees to complete a sexual harassment training course once every two calendar years beginning January 1, 2020. In addition to other differences, this bill broadens the scope of training for legislative branch employees and provides for punitive damages if a party complaining of workplace harassment demonstrates that the defendant engaged in a discriminatory practice with malice or reckless indifference. The bill contains a reenactment clause and has a delayed effective date of January 1, 2022.

Local taxing authority. Equalizes city taxing authority and county taxing authority by granting a county the same authority to impose taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds without limitation on the rate that may be imposed.The bill authorizes all counties to impose an admissions tax with no restriction on the rate. Under current law, only certain counties may impose an admissions tax, and the rate generally is capped at 10 percent. Under current law, all cities may impose the tax with no restriction on the rate.The bill authorizes all counties to impose a transient occupancy tax with no limitation on the rate that may be imposed. Under current law, counties generally are limited to a maximum rate of two percent, although certain counties may impose the tax at higher rates. The bill provides that, unless otherwise provided by law prior to January 1, 2020, the revenue from a tax rate above two percent up to five percent is restricted to tourism purposes and tax rates above five percent may be used as general revenue.The bill authorizes all counties to impose a cigarette tax with no restriction on the rate. Under current law, only Arlington County and Fairfax County may impose a cigarette tax, and the rate is limited to 30 cents per pack. Under current law, all cities may impose the tax with no restriction on the rate.The bill eliminates the limit of four percent on a county food and beverage tax (commonly referred to as the meals tax). Under current law, such limit applies to counties but not cities. The bill also removes the requirement that a county hold a referendum before imposing a meals tax. Under current law, such requirement applies to counties but not cities.The bill provides that no county that held a referendum prior to July 1, 2020, that was defeated may impose a certain tax until six years after the date of such referendum, unless a successful referendum was held after the defeated referendum and before July 1, 2020.

Transportation. Amends numerous laws related to transportation funds, revenue sources, construction, and safety programs.The bill adopts numerous structural changes to the transportation funding system in the Commonwealth. Most transportation revenues are directed to a new Commonwealth Transportation Fund and the existing Highway Maintenance and Operating Fund. Funds are then disbursed, based on codified formulas, to subfunds established to meet the varying transportation needs of different modes of transportation. The bill contains transitional provisions phasing in the new funding structure over a period of four years.The existing gas tax based on a percentage of the wholesale price of gasoline and diesel fuel is converted to a cents-per-gallon tax. A rate of $0.282 per gallon of gasoline will be phased in over three years, and then indexed every year thereafter. The regional gas tax will be converted to a rate of $0.076 per gallon of gasoline.Registration fees for motor vehicles will be lowered. The Department of Motor Vehicles will implement a Highway Use Fee for alternative fuel and fuel-efficient vehicles. Alternatively, a person whose vehicles would be subject to this new fee may elect to instead enroll in a mileage-based user fee program to be developed by the Department.In Northern Virginia, the regional transportation improvement fee, used to support the Washington Metropolitan Area Transit Authority (WMATA), is lowered to $0.10 per $100 for the recordation of conveyance of a deed. A new regional congestion fee is imposed at a rate of $0.15 per $100 for the recordation of conveyance of a deed. The regional transient occupancy tax is raised from $2 to $3.The bill authorizes the use of transportation bonds to complete the final section of Corridor Q of the Appalachian Development Highway System, and authorizes a bond issuance for improvements in the Interstate 81 and Interstate 66 corridors.The bill establishes a new Virginia Passenger Rail Authority.The bill adopts several safety initiatives, including: (i) making it illegal to possess an open container of alcohol in a motor vehicle; (ii) requiring all passengers in a vehicle to wear safety belts and making failure to wear a safety belt a primary offense; (iii) prohibiting the use of handheld personal communication devices; (iv) establishing a speed monitoring program in highway safety corridors that uses a vehicle sensor to take a picture of a vehicle traveling more than 10 miles over the speed limit, subjecting the driver to a monetary fine; and (v) allowing localities to lower the speed limit below 25 miles per hour in business and residential districts. The Commissioner of the Department of Motor Vehicles will establish an advisory committee to oversee education and enforcement of policies such as the seatbelt and hands-free provisions. The bill changes the requirement for a vehicle inspection from once every 12 months to once every 24 months.The bill also creates numerous new transportation safety programs, including an Interstate Operations and Enhancement Program, a Virginia Highway Safety Improvement Program, the Statewide Special Structures Program, and a Transit Incentive Program.This bill incorporates HB 16 and HB 1538.

Workers' compensation; post-traumatic stress disorder;law-enforcement officers and firefighters. Provides that post-traumaticstress disorder incurred by a law-enforcement officer or firefighter iscompensable under the Virginia Workers' Compensation Act if a mental healthprofessional examines a law-enforcement officer or firefighter and diagnosesthe individual as suffering from post-traumatic stress disorder as a result ofthe individual's undergoing a qualifying event, which includes an event occurringin the line of duty on or after July 1, 2020, in which a law-enforcementofficer or firefighter views a deceased minor, witnesses the death of a personor an incident involving the death of a person, witnesses an injury to a personwho subsequently dies, has physical contact with and treats an injured personwho subsequently dies, transports an injured person who subsequently dies, orwitnesses a traumatic physical injury that results in the loss of a vital bodypart or a vital body function that results in permanent disfigurement of thevictim. Other conditions for compensability include (i) if the post-traumaticstress disorder resulted from the law-enforcement officer or firefighter actingin the line of duty and, in the case of a firefighter, such firefightercomplied with certain federal Occupational Safety and Health Act standards;(ii) if the law-enforcement officer's or firefighter's undergoing a qualifyingevent was a substantial factor in causing his post-traumatic stress disorder;(iii) if such qualifying event, and not another event or source of stress, wasthe primary cause of the post-traumatic stress disorder; and (iv) if thepost-traumatic stress disorder did not result from any disciplinary action,work evaluation, job transfer, layoff, demotion, promotion, termination,retirement, or similar action of the officer or firefighter. The measureestablishes procedural requirements on employers that contest a claim for suchbenefits. The measure also establishes requirements for resilience and self-caretechnique training.

Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates 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, or 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. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. 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 SB 66 and SB 159.

Abandoned and stolen shopping carts; local regulation. Provides that any locality with a County Manager Plan or Urban County Executive form of government may, by ordinance, provide that it is unlawful for any person to place, leave, or abandon on any real property in the locality, or within specified districts within the locality, any shopping cart. The bill requires such ordinance to provide that any such shopping cart that remains on the real property at least 15 days after a notice of violation is given to the owner of such shopping cart shall be presumed to be abandoned and subject to removal from the real property by the county or its agents without further notice. In the event that any such shopping cart is so removed, the cost of removal, including the cost of disposal, but not to exceed $300 per cart, shall be charged to the owner of the shopping cart. The bill also authorizes such ordinance to prohibit possession of a shopping cart outside of the designated premises when the owner has posted notice of such prohibition. Such ordinance may provide for a civil penalty of not more than $500.

Minimum wage; tipped employees; classification. Prohibits an employer from classifying an individual as a tippedemployee if the individual is prohibited by applicable federal orstate law or regulation from soliciting tips.

Absentee voting; no excuse required. Permits any registered voter to vote by absentee ballot in any election in which he is qualified to vote. The bill removes the current list of statutory reasons under which a person may be entitled to vote by absentee ballot and removes references to those reasons from other sections of the Code. This bill incorporates HB 25, HB 208, and HB 209.

Washington Metropolitan Area Transit Authority; allocation of funds. Provides that increases in service approved by the Washington Metropolitan Area Transit Authority Board shall not be included in the calculation of the annual increase in total operating expenses included in an approved WMATA budget.