Del. Rod Willett

Recounts; special election to be held in the case of a tie vote. Provides that if, after a recount of an election, the recount court finds that each party to the recount has received an equal number of votes, there shall be a special election to determine which candidate is elected to the office. This provision would not apply in cases of tie votes occurring after a recount of an election for Governor, Lieutenant Governor, or Attorney General, which the Constitution of Virginia provides for, or for electors of President and Vice President of the United States, which will continue to be determined by lot. This bill incorporates HB 178 and HB 692.

School boards; mental health awareness training. Requires each school board to (i) adopt and implement policies that require each teacher and other relevant personnel, as determined by the school board, employed on a full-time basis, to complete a mental health awareness training or similar program at least once and (ii) provide such training, which may be provided pursuant to a contract with the Department of Behavioral Health and Developmental Services, a community services board, a behavioral health authority, a nonprofit organization, or other certified trainer or via an online module. This bill incorporates HB 716 and HB 1554 and is identical to SB 619.

Landlord and tenant; victims of family abuse; evidence to mitigate low credit score; damages. Allows an applicant for a lease to recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the applicant, along with attorney fees, if the landlord does not consider evidence of the applicant's status as a victim of family abuse to mitigate any adverse effect of the otherwise qualified applicant's low credit score.

Green Job Creation Tax Credit; sunset date.Extends the sunset date of the green job creation tax credit from January 1, 2021, to January 1, 2026. The bill contains technicalamendments.

Transportation safety. Adopts several initiatives related to transportation and safety, including: (i) making it illegalto possess an open container of alcohol in a motor vehicle, (ii)requiring all passengers in a vehicle to wear safety belts and makingfailure to wear a safety belt a primary offense, (iii) prohibitingthe use of handheld personal communication devices, (iv) establishinga speed monitoring program in highway safety corridors that usesa vehicle sensor to take a picture of a vehicle traveling more than10 miles over the speed limit, subjecting the driver to a monetary fine, and (v) allowing localities to lower the speed limit below25 miles per hour in business and residential districts. The Commissionerof the Department of Motor Vehicles will establish an advisory committeeto oversee education and enforcement of policies such as the seatbeltand hands-free provisions. The bill also changes the vehicle inspectionsafety program to only require inspections of salvage vehicles thathave been rebuilt for highway use, converted electric vehicles, andoff-road motorcycles that have been converted to on-road use. Thebill contains numerous technical amendments.

Prohibited discrimination; public accommodations, employment, credit, and housing: causes of action; sexual orientation and gender identity. Creates explicit 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, 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. 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 HB 3, HB 21, HB 23, HB 217, HB 1050, HB 1200, and HB 1512.

Records of marriages; identification of race. Eliminates the requirement that the race of married parties be included in marriage records, divorce reports, and annulment reports filed with the State Registrar. The bill also removes the requirement that the State Registrar include race data in the compilation and posting of marriage, divorce, and annulment data. This bill incorporates HB 141, HB 1158, and HB 1425 and is identical to SB 62 and SB 1066.

Holding handheld personal communications devices whiledriving a motor vehicle. Prohibits any person from holding a handheldpersonal communications device while driving a motor vehicle. Current lawprohibits (i) the reading of any email or text message and manually enteringletters or text in such a device as a means of communicating and (ii) holding apersonal communications device while driving in a work zone. The bill expandsthe exemptions to include handheld personal communications devices that arebeing held and used (a) as an amateur radio or a citizens band radio or (b) forofficial Department of Transportation or traffic incident management services.The bill has a delayed effective date of January 1, 2021. This billincorporates HB 377, HB 387, HB 512, and HB 1672 and is identical to SB 160.

Nonpayment of wages; investigations. Authorizes the Commissioner of Labor and Industry, if he acquires information during an investigation of a complaint of an employer's failure or refusal to pay wages and that information creates a reasonable belief that other employees of the same employer may not have been paid wages, to investigate whether the employer has failed or refused to make a required payment of wages to other employees. The measure also provides that if the Commissioner finds in the course of such investigation that the employer has committed a violation, the Commissioner may institute proceedings on behalf of any employee against his employer. In such proceedings, the Commissioner is not required to have obtained a written complaint of the violation or the written and signed consent of any employee. This bill is identical to SB 49.

Commending Bob Brown.