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.
Del. Sam Rasoul
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Expungement of police and court records; nolleprosequi taken or acquittal. Provides that a court that takesa nolle prosequi or enters a judgment acquitting a person of a criminalcharge shall, upon motion of the person, enter an order requiringthe expungement of the police and court records relating to the charge.Currently, such a person may file a separate petition for the expungementof such records; however, except in certain cases involving misdemeanorcharges, the person is not entitled to an order of expungement, andthe court hearing the petition must find that the continued existenceand possible dissemination of such records causes or may cause circumstancesthat constitute a manifest injustice to such person before such anorder will be entered.
Petition for vacatur and expungement of convictionsand police and court records of victims of human trafficking.Allows any person who was a victim of human trafficking at the timeof an offense that led to a criminal charge or conviction of certaincrimes to petition the court to vacate such conviction and expungethe police and court records related to such conviction or to expungethe police and court records related to such charge. The bill provides that there is a rebuttable presumption that a person's participationin an offense was a result of having been a victim of human traffickingif there is official documentation, defined in the bill, of the petitioner'sstatus as a victim of human trafficking at the time of the offense.
Death penalty executions; moratorium. Imposesa moratorium on executions. The bill does not affect any other matterof law related to the death penalty, including bringing and tryingcapital charges, sentencing proceedings, imposition of the deathpenalty, appeals of the death penalty, and habeas review. The moratorium will remain in effect until adjournment of the first regular sessionof the General Assembly after a joint subcommittee established pursuantto a joint resolution passed by the 2020 General Assembly conductsa study of the death penalty in the Commonwealth and issues a reportof its conclusions and recommendations.
Constitutional amendment (first resolution);real property tax exemption; affordable housing. Provides thatthe General Assembly may authorize a locality to fully or partiallyexempt affordable housing, as such term may be defined by statute,from real property taxation.
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.
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer with 25 employees or more from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee's wage or salary history, (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee's current or former employers, (iii) requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee's wage or salary history, or (iv) asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee's wage or salary history. Violations are subject to a civil penalty not to exceed $100 per violation. This bill incorporates HB 326 and HB 802.
Naturopathic doctors; license required.Requires the Board of Medicine to license and regulate naturopathicdoctors, defined in the bill as an individual, other than a doctorof medicine, osteopathy, chiropractic, or podiatry, who may diagnose,treat, and help prevent diseases using a system of practice thatis based on the natural healing capacity of individuals, using physiological,psychological, or physical methods, and who may also use naturalmedicines, prescriptions, legend drugs, foods, herbs, or other naturalremedies, including light and air.
Virginia Minimum Wage Act; exclusions. Eliminatesthe exclusion in the Virginia Minimum Wage Act for persons whoseemployment is covered by the federal Fair Labor Standards Act of1938 (FLSA) and for persons whose earning capacity is impaired byphysical deficiency, mental illness, or intellectual disability.The measure also exempts, until July 1, 2024, from the Virginia MinimumWage Act any person who is paid pursuant to a special certificatethat provides for the employment of individuals whose earning orproductive capacity is impaired by age, physical or mental deficiency,or injury at wages lower than the minimum wage otherwise requiredby the FLSA.
Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when a licensed audiologist prescribes such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.