Del. Paul Krizek

Overtime compensation; penalties. Requiresan employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay for any hours worked in excess of 40 hours in any one workweek.The sanctions for an employer's failure to pay such overtime wages,including civil and criminal penalties, are the same as currentlyprovided for failing to pay wages generally.

Right to work. Repeals the provisions ofthe Code of Virginia that, among other things, prohibit any agreementor combination between an employer and a labor union or labor organizationwhereby (i) nonmembers of the union or organization are denied theright to work for the employer, (ii) membership in the union or organization is made a condition of employment or continuation ofemployment by such employer, or (iii) the union or organization acquiresan employment monopoly in any such enterprise.

Public school buses; seat belts. Requiresthe Board of Education to make regulations to require each new publicschool bus purchased for the transportation of students to be equippedwith a seat belt consisting of a lap belt and shoulder strap or harnessin every seat. The bill requires each school board to ensure thatno later than July 1, 2038, each school bus that it uses for thetransportation of students is equipped with a seat belt in every seat.

Health insurance; payment to out-of-network providers. Provides that when a covered person receives covered emergency services from an out-of-network health care provider or receives out-of-network services at an in-network facility, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure also establishes a standard for calculating the health carrier's required payment to the out-of-network provider of the services, which standard is the lower of the market-based value for the service or 125 percent of the amount that would be paid under Medicare for the service. If such provider determines that the amount to be paid by the health carrier does not comply with the applicable requirements, the measure requires the provider and the health carrier to make a good faith effort to reach a resolution on the appropriate amount of the reimbursement and, if a resolution is not reached, authorizes either party to request the State Corporation Commission to review the disputed reimbursement amount and determine if the amount complies with applicable requirements. The measure provides that such provisions do not apply to an entity that provides or administers self-insured or self-funded plans; however, such entities may elect to be subject such provisions. The measure requires health carriers to make reports to the Bureau of Insurance and directs the Bureau to provide reports to certain committees of the General Assembly. This bill was incorporated into HB 1251.

General Assembly meetings; streaming and recording. Requires the Clerk of the House of Delegates and the Clerk of theSenate to ensure that every (i) subcommittee or committee meetingof a standing committee of the General Assembly, regardless of meetingdate, and (ii) floor session of the House of Delegates or the Senate,including any joint session of the houses, is streamed with closedcaptioning, recorded and archived. The bill defines "stream" and specifiesthat a qualifying meeting is one the date and time of which havebeen scheduled on a public website of any agency of the General Assemblyfor at least one hour prior to the meeting and that takes place inthe State Capitol, the Pocahontas Building, or the General AssemblyBuilding in Richmond. The bill has a delayed effective date of October1, 2020.

Virginia Minimum Wage Act; exemption. Removesthe exemption from the Virginia Minimum Wage Act for persons employedin domestic service or in or about a private home or in an eleemosynaryinstitution primarily supported by public funds.

Department of Corrections; earned sentence credits. Establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2020. This bill incorporates HB 1370.

Expanded polystyrene food service containers; prohibition; civil penalty. Prohibits the dispensing by a food vendor of prepared food to a customer in a single-use expanded polystyrene food service container, as defined in the bill, beginning January 1, 2021. The bill exempts certain institutions, including correctional facilities and public schools, from the definition of "food vendor" and provides a process by which a locality may grant consecutive one-year exemptions to individual food vendors on the basis of undue economic hardship. The bill provides a civil penalty of $50 for each day of violation, to be collected in a civil action brought by the Attorney General or the relevant locality. The bill directs the penalties collected to the Litter Control and Recycling Fund or to the treasury of the relevant locality, as appropriate. Finally, the bill directs the Department of Environmental Quality to post on its website information on compliance and the filing of complaints. This bill was incorporated into HB 533.

County food and beverage tax; allowable tax rate; removal of referendum requirement. Removes the four percent limit on the tax rate that counties may impose on food and beverages. The bill also removes the requirement that a county hold a referendum before imposing such a tax. This bill was incorporated into HB 729.

Memorials for war veterans. Provides that a locality may remove, relocate, or alter any monument or memorial for war veterans located in its public space, regardless of when erected. Current law makes it unlawful to disturb or interfere with such monuments or memorials or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of such monuments or memorials. This bill was incorporated into SB 183.