Rep. Lee J. Carter

Workers' compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. This bill incorporates HB 2080.

Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.

Comprehensive plan; transit-oriented development.Adds reducing, modifying, or waiving local parking requirements orratios to the strategies that may be included when certain largerlocalities consider incorporating strategies to promote transit-orienteddevelopment in reviews of their comprehensive plans. The bill removesfrom the existing strategy of increasing development density in certainareas to reduce density in others the phrase "to reduce density inothers."

Enslaved Ancestors College Access ScholarshipProgram established. Establishes the Enslaved Ancestors CollegeAccess Scholarship Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia MilitaryInstitute, and The College of William and Mary in Virginia are requiredto annually provide, starting in the 2022-2023 academic year and with any source of funds other than state funds or tuition or fee increases,to at least one African American Virginia student who was born inthe Commonwealth and has a total household income that is not morethan 400 percent of the federal poverty guidelines a renewable scholarshipin an amount sufficient to cover tuition, mandatory fees, room andboard, books and other educational supplies, and tutoring at the institution. The bill requires the State Council of Higher Educationfor Virginia to collaborate with such institutions to establish guidelinesfor the implementation of the Program and to annually collect informationon the implementation of the Program from such institutions and reportsuch information to the Chairmen of the House Committee on Appropriations,the House Committee on Education, the Senate Committee on Educationand Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.

Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.

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.

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.

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.