Virginia Overtime Wage Act; penalties. Requiresan employer to compensate its employees who are entitled to overtimecompensation under the federal Fair Labor Standards Act at a ratenot less than one and one-half times the employee's regular rateof pay, defined in the bill, for any hours worked in excess of 40hours in any one workweek. The bill includes provisions for calculatingovertime premiums due to fire protection and law-enforcement employeesby certain public sector employers. The penalties provided by thebill for an employer's failure to pay such overtime wages, includingcivil and criminal penalties, are the same as currently providedfor failing to pay wages generally. The statute of limitations forbringing a claim for a violation of the bill is three years.
Sponsored bills
Department of Motor Vehicles; privilegedinformation. Limits the release of Department of Motor Vehicles(DMV) privileged information to government entities and law-enforcementagencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill requires the DMV to notify the subject of therequest that such a request was made and the identity of the entitythat made the request. The bill requires any entity receiving privileged information from the DMV to enter into a written agreement withthe DMV prior to such release of such information and prohibits anyentity from rereleasing any such DMV information to any third partyunless explicitly permitted to do so in the entity's agreement withthe DMV. The bill contains requirements for any such written agreementbetween the DMV and the Department of State Police.
Funds for access roads to economic developmentsites; criteria for use of funds. Directs the Commonwealth TransportationBoard, in consultation with the Secretaries of Transportation andCommerce and Trade, to develop criteria to be used in the award offunds for access roads to economic development sites. The criteriashall take into account job creation, capital investment, and otherrelevant economic development considerations.
Chesapeake Bay; wastewater treatment; Enhanced Nutrient Removal Certainty Program. Requires the State Water Control Board to adopt by June 30, 2022, regulations establishing a Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program (ENRC Program), consisting of a number of total nitrogen and total phosphorous waste load allocation reductions assigned to particular water treatment facilities with schedules for compliance. The bill provides that the ENRC Program shall operate in lieu of certain Chesapeake Bay waste load regulations. The bill directs the Board to modify affected discharge permits to incorporate the provisions of the ENRC Program and requires certain compliance plans due from treatment works by February 1, 2023, to address the requirements of the ENRC Program. The bill provides that the funding of certain design and installation costs for implementing nutrient upgrades pursuant to the ENRC Program shall be eligible for grants from the Water Quality Improvement Fund. The ENRC Program is required to proceed regardless of whether such grants will exceed the available funds in the Fund for a given fiscal year. The bill lists the projects and the total nitrogen or total phosphorus waste load allocation reductions that specified facilities are to complete. The bill provides that when grants to finance nutrient removal technology reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, certain General Assembly committees shall review funding needs and mechanisms. Finally, the bill directs the State Water Control Board to convene a stakeholder group during the adoption of regulations required to carry out the provisions of the bill and provides that such adoption by the Board shall be exempt from certain procedures of the Administrative Process Act. The bill provides that the priority projects and waste load allocation reductions that it sets forth shall be deemed to implement goals of the Chesapeake Bay Phase III Watershed Implementation Plan.
New River Valley Passenger Rail Station Authority; creation. Authorizes the creation of a regional passenger rail station authority in Planning District 4 to assist in the creation and maintenance of passenger rail in the region. The authority would be authorized to enter into revenue sharing agreements and to issue revenue bonds. The authority would be governed by a board consisting of members of each participating locality and institution of higher education.
Practice of certified nurse midwives. Eliminatesthe requirement that certified nurse midwives practice pursuant toa practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicineand Nursing and consistent with the Standards for the Practice ofMidwifery set by the American College of Nurse-Midwives and shallconsult and collaborate with and refer patients to such other healthcare providers as may be appropriate for the care of the patient.
Fines and costs; accrual of interest; deferralor installment payment agreements. Provides that no interestshall accrue on any fine or costs imposed in a criminal case or ina case involving a traffic infraction (i) for a period of 180 daysfollowing the date of the final judgment imposing such fine or costs;(ii) during any period the defendant is incarcerated; and (iii) fora period of 180 days following the date of the defendant's releasefrom incarceration if the sentence includes an active term of incarceration.Current law prohibits interest from accruing on such fines or costsfor a period of 40 days from the date of the final judgement imposing such fine or costs or during any period the defendant is incarcerated. The bill also removes the requirement thata defendant be unable to make payment of a fine, restitution, forfeiture, or penalty and costs within 30 days of sentencing in order to beeligible to enter into a deferred or installment payment agreementand allows any defendant to enter such payment agreements. The billremoves the one-time fee not to exceed $10 that a court may assesswhen a defendant is unable to make payment within 90 days of sentencingand provides that no fee shall be assessed in connection with a defendant'sparticipation in a deferred or installment payment agreement. Thebill removes the requirement that a defendant make a down paymentupon entering a deferred, modified deferred, or installment paymentagreement.
Dairy Producer Margin Coverage Premium Assistance Program. Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy farmer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier I level as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program. Under the bill, each year a Program participant will receive a refund of its annual premium payment paid into the federal program. Such reimbursement shall be provided on a first-come, first-served basis and shall be subject to availability of funds expressly appropriated for the purposes set forth in the chapter. The Commissioner shall submit an annual report no later than December 1 of each year to the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources assessing the effectiveness of the Program.
Rare Disease Council and Rare Disease Council Fund; report. Creates the Rare Disease Council for the purpose of (i) advising the Governor and the General Assembly on the needs of individuals with rare diseases in the Commonwealth; (ii) identifying challenges that such individuals face, including delays in obtaining a diagnosis or the receipt of a misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases; (iii) funding research related to rare diseases and the development of new treatments for rare diseases; and (iv) funding for supports for persons with rare diseases in the Commonwealth. The bill also creates the Rare Disease Council Fund to be used for the purpose of (a) funding research related to rare diseases and the development of new treatments for rare diseases and supports for persons with rare diseases in the Commonwealth and (b) supporting the work of the Rare Disease Council.
Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779.