Del. Hala S. Ayala

Virginia Consumer Protection Act; advertisingor offering for sale of Internet-connected devices targeting children; prohibition. Prohibits the advertising or offering for saleof Internet-connected devices for which the target market consistsof consumers below 18 years of age by making it unlawful under theVirginia Consumer Protection Act.

Local taxing authority. Equalizes city taxing authority and county taxing authority by granting a county the same authority to impose taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds without limitation on the rate that may be imposed.The bill authorizes all counties to impose an admissions tax with no restriction on the rate. Under current law, only certain counties may impose an admissions tax, and the rate generally is capped at 10 percent. Under current law, all cities may impose the tax with no restriction on the rate.The bill authorizes all counties to impose a transient occupancy tax with no limitation on the rate that may be imposed. Under current law, counties generally are limited to a maximum rate of two percent, although certain counties may impose the tax at higher rates. The bill provides that, unless otherwise provided by law prior to January 1, 2020, the revenue from a tax rate above two percent up to five percent is restricted to tourism purposes and tax rates above five percent may be used as general revenue.The bill authorizes all counties to impose a cigarette tax with no restriction on the rate. Under current law, only Arlington County and Fairfax County may impose a cigarette tax, and the rate is limited to 30 cents per pack. Under current law, all cities may impose the tax with no restriction on the rate.The bill eliminates the limit of four percent on a county food and beverage tax (commonly referred to as the meals tax). Under current law, such limit applies to counties but not cities. The bill also removes the requirement that a county hold a referendum before imposing a meals tax. Under current law, such requirement applies to counties but not cities.The bill provides that no county that held a referendum prior to July 1, 2020, that was defeated may impose a certain tax until six years after the date of such referendum, unless a successful referendum was held after the defeated referendum and before July 1, 2020.

Consumer lending. Replaces references to payday loans with the term "short-term loans." The measure caps the interest and fees that may be charged under a short-term loan at an annual rate of 36 percent, plus a maintenance fee; increases the maximum amount of such loans from $500 to $2,500; and sets the duration of such loans at a minimum of four months, subject to exceptions, and a maximum of 24 months. Short-term loan licensees are required to make a reasonable attempt to verify a borrower's income and may not collect fees and charges that exceed 50 percent of the original loan amount if such amount is equal to or less than $1,500 and 60 percent of the original loan amount if such amount is greater than $1,500. The measure amends the requirements for motor vehicle title loans, including requiring licensed lenders to use a database to determine a prospective borrower's eligibility for a loan and prohibiting loans to a borrower who has an outstanding short-term loan. The measure sets a 36-percent annual interest rate cap on open-end credit plans and allows a $50 annual participation fee. A violation of these provisions is made a prohibited practice under the Virginia Consumer Protection Act. The measure amends provisions of the Consumer Finance Act to, among other things, allow licensed lenders to use the services of access partners and establish requirements that loans be between $300 and $35,000; be repayable in substantially equal installment payments; have a term of no fewer than six and no more than 120 months; charge not more than 36 percent annual interest and a loan processing fee; and require licensees to post a bond. The measure prohibits credit service businesses from advertising, offering, or performing other services in connection with an extension of credit that has an annual interest rate exceeding 36 percent, is for less than $5,000, has a term of less than one year, or is provided under an open-end credit plan. The bill has a delayed effective date of January 1, 2021, and requires any person who would be required to be licensed under the provisions of the act to apply for a license by October 1, 2020. This bill is identical to SB 421.

Driver privilege cards; penalty. Authorizes the issuance of new driver privilege cards by the Department of Motor Vehicles to an applicant who (i) has reported income from Virginia sources or been claimed as a dependent on an individual tax return filed with the Commonwealth in the preceding 12 months and (ii) is not in violation of the insurance requirements for the registration of an uninsured motor vehicle. The bill provides that driver privilege cards shall confer the same privileges and shall be subject to the same provisions as driver's licenses and permits; however, driver privilege cards shall not (a) confer voting privileges, (b) permit an individual to waive any part of the driver examination, or (c) have their issuance be contingent upon the applicant's ability to produce proof of legal presence in the United States. The bill limits the release of certain information stored by the Department. The bill provides for the term "driver's license" to consistently refer to all driver's licenses, permits, driver privilege cards, and special identification cards issued by the Commonwealth or the comparable law of another jurisdiction. The bill allows the issuance of a limited-duration driver's license and special identification card to an applicant presenting valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States for a period of at least 30 days from the date of application. The bill authorizes the Tax Commissioner to provide to the Commissioner of the Department information sufficient to verify that an applicant for a driver privilege card or permit reported income from Virginia sources or was claimed as a dependent on an individual tax return filed with the Commonwealth in the preceding 12 months. The bill has a delayed effective date of January 1, 2021. This bill is identical to SB 34.

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency, or with a locality that has adopted an ordinance requiring the payment of prevailing wages, for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The provisions of the bill would not apply to any contract for public works of $250,000 or less. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals. The bill has a delayed effective date of May 1, 2021. This bill is identical to SB 8.

Labor and employment; collective bargaining; employees of counties, cities, and towns. Permits counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and their employees, and including public school employees and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment. The bill provides that for any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body is required, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, to take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. The bill provides that the prohibition against striking for public employees applies, irrespective of any such local ordinance. The bill has a delayed effective date of May 1, 2021. This bill is identical to SB 939.

Workers' compensation; post-traumatic stress disorder;law-enforcement officers and firefighters. Provides that post-traumaticstress disorder incurred by a law-enforcement officer or firefighter iscompensable under the Virginia Workers' Compensation Act if a mental healthprofessional examines a law-enforcement officer or firefighter and diagnosesthe individual as suffering from post-traumatic stress disorder as a result ofthe individual's undergoing a qualifying event, which includes an event occurringin the line of duty on or after July 1, 2020, in which a law-enforcementofficer or firefighter views a deceased minor, witnesses the death of a personor an incident involving the death of a person, witnesses an injury to a personwho subsequently dies, has physical contact with and treats an injured personwho subsequently dies, transports an injured person who subsequently dies, orwitnesses a traumatic physical injury that results in the loss of a vital bodypart or a vital body function that results in permanent disfigurement of thevictim. Other conditions for compensability include (i) if the post-traumaticstress disorder resulted from the law-enforcement officer or firefighter actingin the line of duty and, in the case of a firefighter, such firefightercomplied with certain federal Occupational Safety and Health Act standards;(ii) if the law-enforcement officer's or firefighter's undergoing a qualifyingevent was a substantial factor in causing his post-traumatic stress disorder;(iii) if such qualifying event, and not another event or source of stress, wasthe primary cause of the post-traumatic stress disorder; and (iv) if thepost-traumatic stress disorder did not result from any disciplinary action,work evaluation, job transfer, layoff, demotion, promotion, termination,retirement, or similar action of the officer or firefighter. The measureestablishes procedural requirements on employers that contest a claim for suchbenefits. The measure also establishes requirements for resilience and self-caretechnique training.

Virginia Energy Plan; Commonwealth Energy Policy.Adopts findings that climate change is an urgent and pressing challenge forVirginia, that swift decarbonization and a transition to clean energy arerequired to meet the urgency of the challenge, and that the Commonwealth willbenefit from being a leader in deploying a low-carbon energy economy. Themeasure states that the Commonwealth recognizes that the following objectiveswill advance the health, welfare, and safety of Virginians: (i) establishingsufficient supply and delivery infrastructure to enable widespread deploymentof distributed energy resources; (ii) maximizing energy efficiency programs inorder to produce electricity cost savings and to create jobs and revenue fromthe energy efficiency service sector; (iii) establishing greenhouse gasemissions reduction goals across Virginia's economy that reach net-zeroemissions by 2050; (iv) requiring that pathways to net-zero greenhouse gasemissions be determined; (v) enabling widespread integration of storagetechnologies into the grid and pairing such storage technologies with renewablegeneration; (vi) mitigating the negative impacts of climate change and theenergy transition on disadvantaged communities and prioritizing investment inthese communities; (vii) developing the carbon-free energy resources requiredto fully decarbonize the electric power supply of the Commonwealth includingdeployment of 30 percent renewables by 2030 and realizing 100 percent carbon-freeelectric power by 2040; and (viii) ensuring that decision-making is transparentand includes opportunities for full participation by the public. The measurealso states that it is the policy of the Commonwealth to (a) accelerate the useand deployment of renewable energy sources such that 30 percent of Virginia'selectricity will be from renewable energy sources by 2030 and 100 percent ofVirginia's electricity will be from carbon-free sources by 2040; (b) promoteresearch and development of carbon-free electric power generation technologies,including advanced nuclear and carbon capture and storage; (c) ensure theavailability of affordable natural gas where established and where it enablesgreenhouse gas reduction; (d) promote beneficial electrification oftransportation, buildings, industry, and agriculture; (e) establish greenhousegas emissions reduction standards across all sectors of Virginia's economy thattarget net-zero greenhouse gas emissions by mid-century; (f) enact mandatoryclean energy standards and overall strategies for reaching zero carbon in theelectric power sector by 2040; (g) incorporate requirements for technical,policy, and economic analyses and assessments that identify pathways to zerocarbon that maximize Virginia's economic development and create quality jobs;(h) minimize the negative impacts of climate change and the energy transitionon disadvantaged communities and prioritize investment in these areas; (i)adopt residential and commercial building codes that meet or exceed the currentInternational Building Code standards and encourage construction andretrofitting of buildings to achieve maximum energy savings; and (j) supportthe distributed generation of renewable electricity. The measure also requiresthat the Virginia Energy Plan identify actions consistent with the goals ofachieving a net-zero carbon economy by 2050 and include an inventory of allgreenhouse gas emissions for the four years preceding the issuance of the Plan.

Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates causes of action for unlawful discrimination in public accommodations and employment in the Virginia Human Rights Act. Currently, under the Act there is no cause of action for discrimination in public accommodations, and the only causes of action for discrimination in employment are for (i) unlawful discharge on the basis of race, color, religion, national origin, sex, pregnancy, or childbirth or related medical conditions including lactation by employers employing more than five but fewer than 15 persons and (ii) unlawful discharge on the basis of age by employers employing more than five but fewer than 20 persons. The bill allows the causes of action to be pursued privately by the aggrieved person or, in certain circumstances, by the Attorney General. Before a civil cause of action may be brought in a court of the Commonwealth, an aggrieved individual must file a complaint with the Division of Human Rights of the Department of Law, participate in an administrative process, and receive a notice of his right to commence a civil action. The bill prohibits discrimination in public and private employment on the basis of sexual orientation and gender identity. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. Additionally, the bill (a) prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran; (b) prohibits discrimination in credit on the basis of sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, disability, and status as a veteran; and (c) adds discrimination on the basis of an individual's sexual orientation, gender identity, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. This bill incorporates SB 66 and SB 159.

Elections; same-day registration; in-personabsentee and election day voting. Provides an exception to theclosing of registration records for any person who (i) is qualifiedto register to vote, (ii) is unregistered or registered in a localityin which the person no longer resides but is otherwise entitledto vote by absentee ballot, (iii) desires to vote absentee in personat the time that they present themselves to be registered, and (iv) provides proof of residency. The bill also permits same-day registrantsto vote absentee and provides an excuse for election day absentee voting for such voters. The bill requires all voters who registerto vote under the provisions of this bill to fill out an absenteeapplication, including the required oath, in order to vote. Thisbill has a delayed effective date of July 1, 2022.