Study; Virginia Employment Commission; regionalskills gaps for the fastest growing green industries; report. Requests the Virginia Employment Commission to study regional skillsgaps for the fastest growing green industries.
Department of Motor Vehicles data privacy; facial recognition technology. Limits the release by the Departmentof Motor Vehicles (the Department) of information regarding proofdocuments or of an individual's photograph or signature providedto the Department. The bill prohibits any federal agency that primarilyenforces immigration law from accessing information stored by theDepartment without a judicial warrant or court order. The bill limitsthe use of and prohibits the State Board of Elections from distributingcertain immigration information provided by the Department. The billprohibits the Department from sharing information with an entitythat is in the business of selling information to a third party.The bill prohibits the use of Department information for facial recognitionpurposes prior to July 1, 2022, except when used by (i) the Departmentto ensure compliance with the REAL ID Act of 2005 or (ii) law-enforcementagencies to identify victims of sex trafficking. The bill requiresthe Department, in consultation with the Department of Criminal JusticeServices and the Office of the Attorney General and other stakeholders,to develop recommendations on using facial recognition technologyand protecting the privacy of the citizens of Virginia and to report such findings to the Governor and the General Assembly on or beforeDecember 1, 2021. The bill requires the Department of State Policeto review policies related to the access of information through theVirginia Criminal Information Network.
Public institutions of higher education; certainstudents; eligibility for in-state tuition. Declares eligiblefor in-state tuition, regardless of domicile, any non-Virginia studentenrolled at a public institution of higher education, except theVirginia Military Institute, who (i) pays for at least the equivalentof four semesters or two academic years at the institution with fundsreceived pursuant to the federal Veterans' Access to Care throughChoice, Accountability, and Transparency Act of 2014 and thereafterexhausts eligibility for benefits under such act or (ii) demonstratesa commitment to pay for at least the equivalent of four semesters or two academic years at the institution with funds received pursuantto such act through an affidavit, provided that (a) any such studentmaintains continuous enrollment in the same degree program at thesame institution after he exhausts eligibility for such benefitsand (b) no such student shall remain eligible for in-state tuitioncharges for more than three years after he exhausts eligibility forsuch benefits or upon degree completion, whichever occurs first,unless he establishes domicile in the Commonwealth.
Public institutions of higher education; membersof governing boards; student voting member. Provides that onemember appointed by the Governor to the governing boards of publicinstitutions of higher education shall be a current student votingmember. The student voting member shall have been elected by hispeers to a leadership position in a student organization recognizedby the institution or currently serve in an elected position in astudent organization recognized by the institution in the year thatthe Governor appoints such student to a governing board in order toserve on the board.
Absentee voting; counting military and overseasabsentee ballots received after close of polls on election day. Provides that absentee ballots cast by military and overseas absenteevoters that are (i) received after the close of the polls on anyelection day but before 5:00 p.m. on the second business day beforethe State Board of Elections meets to ascertain the results of the election and (ii) postmarked on or before the date of such electionare to be counted if the voter is found entitled to vote. The billprovides that a postmark includes any other official indicia of confirmationof mailing by the United States Postal Service or other postal ordelivery service. Under current law, such ballots cast by militaryand overseas absentee voters would be counted in this manner regardlessof the date of any postmark, but only if the absentee ballot hadbeen requested on or before, but not sent by, the deadline for makingabsentee ballots available.
Expungement of police and court records; certain misdemeanor and felony larceny convictions. Allows a person convictedof a misdemeanor or felony larceny offense where the value of theproperty stolen was less than $500 to file a petition for expungementif (i) such person has completed all terms of probation and postreleasesupervision imposed as a result of such conviction; (ii) at leastfive years have passed from the date of conviction, if no activeterm of incarceration was imposed as a result of such conviction,or the date of completion of an active sentence of incarceration,if an active term of incarceration was imposed as a result of suchconviction; and (iii) such person has no subsequent criminal convictions and no pending criminal proceeding.
Project labor agreements; public procurement by local governments. Authorizes any local government, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, to require bidders to enter into or adhere to project labor agreements on the public works projects. This bill was incorporated into HB 358.
Prevailing wage; public works contracts withlocalities; penalty. Requires contractors and subcontractors under any public contract with a locality for public works to paywages, salaries, benefits, and other remuneration to any mechanic,laborer, or worker employed, retained, or otherwise hired to performservices in connection with the public contract at the prevailingwage rate. The Commissioner of Labor and Industry is required todetermine the prevailing wage rate for such public contracts on thebasis of applicable prevailing wage rate determinations made by theU.S. Secretary of Labor under the provisions of the federal Davis-BaconAct. A contractor or subcontractor who knowingly or willfully employsany mechanic, laborer, or worker to perform work contracted to bedone under the public contract at a rate that is less than the prevailingwage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals forthe payment of all wages due plus interest and shall be disqualifiedfrom bidding on public contracts until full restitution has beenpaid to the individuals.
Virginia Human Rights Act; creation of cause of action for discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, or age. Creates a cause of action against any employer of one or more persons who engages in unlawful discrimination against any employee on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions, including lactation. The bill also creates a cause of action against any employer of one or more persons who unlawfully discriminates against an employee on the basis of age if the employee is 40 years of age or older. Under current law, an employee who has been discriminated against on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, or age may only file an action against his employer if the employee is discharged by the employer on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, including lactation, or age. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages in an amount of up to $25,000 and attorney fees. The bill provides that the provisions creating a cause of action against an employer who engages in unlawful discriminatory practices against an employee shall apply only to unlawful discriminatory practices that occur or are alleged to have occurred on or after July 1, 2020. This bill was incorporated into HB 1663.
Biometric data; employer policy on storage,protection, and destruction; civil penalty. Establishes the parametersfor the capture and safekeeping of biometric data by employers. Thebill defines "biometric data" as a retina or iris scan, fingerprint, voiceprint, record of hand or face geometry, or any other means ofinformation, regardless of how it is captured or stored, that is usedto identify an individual based on biological identifiers. Once thepurpose for capturing the data is complete, or after three yearsfrom the date it is last used for its initial purpose, whicheveroccurs first, the biometric data must be destroyed. An employer who violates the requirements of the bill is subject to a civil penaltyof not more than $25,000 for each violation. The bill also providesa right of action against employers who violate the parameters of capturing and safekeeping biometric data.
