Minimum wage; tipped employees; classification. Prohibits an employer from classifying an individual as a tippedemployee if the individual is prohibited by applicable federal orstate law or regulation from soliciting tips.
Institutional racial segregation and discrimination. Repeals several Acts of Assembly from 1901 to 1960 that contain provisions that implemented and enforced racial segregation and discrimination in public facilities and common carriers, on public documents, and within the office of the State Registrar. This bill is identical to HB 1638.
Criminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary response to criminal sexual assault in each political subdivision (i) local health department district directors; (ii) the administrator of each licensed hospital within the jurisdiction; (iii) the director of each health safety net clinic within the jurisdiction; and (iv) any other local health care providers, or their designees, and authorizes attorneys for the Commonwealth to conduct the sexual assault response team annual meetings using other methods, such as electronic communication means, to encourage attendance. The bill also directs the Secretary of Health and Human Resources to establish a work group to evaluate the feasibility of moving responsibility for the SAFE program from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services and to provide recommendations related to (i) the feasibility and cost of expanding the type of services for which the Criminal Injuries Compensation Fund will make awards to include claims or portions of claims based on the claimant's actual expenses incurred for unreimbursed medical costs resulting from sexual abuse, including the cost of physical evidence recovery kit examinations conducted on victims of sexual assault, unreimbursed medical expenses or indebtedness reasonably incurred for medical expenses, expenses attributable to pregnancy resulting from such sexual abuse, and any other reasonable and necessary expenses and indebtedness associated with or attributable to the sexual abuse upon which such claim is based and (ii) the feasibility of transferring responsibility from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services for the Sexual Assault Forensic Examination program (the SAFE program) and related claims for medical expenses related to sexual assault, strangulation, domestic and intimate partner violence, human trafficking, and adult and child abuse. If the work group finds that it is not feasible to move responsibility for the SAFE program and related claims from the Virginia Workers' Compensation Commission to the Department of Medical Assistance Services, the work group shall develop recommendations for creation of an efficient, seamless electronic medical claim processing system for hospitals and health care providers that coordinates payments from all available sources, suppresses explanations of benefits, and removes the patient from the medical billing and reimbursement process. The work group's report shall include specific legislative, regulatory, and budgetary changes necessary to implement the work group's recommendations. The work group shall report its findings and recommendations to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance and Appropriations, and the Joint Commission on Health Care by September 1, 2020. This bill is identical to SB 949.
Memorials for war veterans. Provides that a locality may remove, relocate, contextualize, or cover any monument or memorial for war veterans on the locality's public property, not including a monument or memorial located in a publicly owned cemetery, regardless of when the monument or memorial was erected, and removes certain criminal and civil penalties. Current law makes it unlawful to disturb or interfere with such monuments or memorials or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of such monuments or memorials. Prior to removing, relocating, contextualizing, or covering any such publicly owned monument or memorial, the local governing body shall publish notice of such intent in a newspaper having general circulation in the locality. The notice shall specify the time and place of a public hearing at which interested persons may present their views, not less than 30 days after publication of the notice. After the completion of the hearing, the governing body may vote whether to remove, relocate, contextualize, or cover the monument or memorial. If the governing body votes to remove, relocate, contextualize, or cover the monument or memorial, the local governing body shall first, for a period of 30 days, offer the monument or memorial for relocation and placement to any museum, historical society, government, or military battlefield. The local governing body shall have sole authority to determine the final disposition of the monument or memorial. The bill authorizes the local governing body to call for an advisory referendum prior to voting on such motion. The bill repeals an 1890 act of assembly related to the placement of a statue in the City of Alexandria and does not apply to a monument or memorial located on the property of a public institution of higher education within the City of Lexington. The bill also provides that the Board of Historic Resources shall promulgate regulations governing the manner in which any monument or memorial may be contextualized. This bill incorporates HB1625 and is identical to SB 183.
Drinking water supplies; maximum contaminant levels. Directs the State Board of Health to adopt regulations establishing maximum contaminant levels (MCLs) in public drinking water systems for (i) perfluorooctanoic acid, perfluorooctane sulfonate, and for such other perfluoroalkyl and polyfluoroalkyl substances as the Board deems necessary; (ii) chromium-6; and (iii) 1,4-dioxane. The bill requires such MCLs to be protective of public health, including the health of vulnerable subpopulations, and to be no higher than any MCL or health advisory adopted by the U.S. Environmental Protection Agency for the same contaminant. The bill directs the Department of Health to report to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions on the status of research related to MCLs by November 1, 2020, and submit a final report by October 1, 2021, detailing the MCL regulations established by the Department of Health. The bill has a delayed effective date of January 1, 2022.
Health insurance credits for retired school division employees other than teachers. Requires school divisions to provide a health insurance credit of $1.50 per year of service to non-teacher employees of a local school division with at least 15 years of total creditable service. In addition, localities may elect to provide such individuals an additional health insurance credit of up to $1 per month for each year of creditable service. However, the bill provides that the additional benefits for retired school division employees other than teachers shall not be paid to any such employee prior to July 1, 2021.This measure does not apply to any local school division employee who retired on disability prior to July 1, 2020, if this measure would reduce the monthly credit currently payable to such former member. Eligible employees who retired prior to July 1, 2020, and did not receive a health insurance credit prior to that date will only receive the $1.50 per year of service health insurance credit prospectively.
Workers' compensation; employer to notify employee of intent. Requires an employer whose employee has filed a claim under the Virginia Workers' Compensation Act to advise the employee whether the employer intends to accept or deny the claim or is unable to make such a determination because it lacks sufficient information from the employee or a third party. If the employer is unable to make such a determination because it lacks sufficient information from the employee or a third party, the employer shall so state and identify the needed additional information. If the employer intends to deny the claim, it shall provide the reasons. The bill provides that an employer may, if the employee consents, send any such required response to the employee by email.
Department of State Police; establishment of cold case searchable database. Requires the Superintendent of State Police to establish and maintain a searchable electronic database of cold cases, available to the public through the Department of State Police official website. The bill defines "cold case" as an investigation into a homicide, missing person, or unidentified person case that has remained unsolved for at least five years after the crime occurred, the person went missing, or the unidentified body was found, whichever occurred last. The bill requires the database to include (i) the category of cold case and, in the case of a homicide or missing person, the name of the victim or missing person, unless prohibited or restricted by law; (ii) the location where the crime was committed, where the person was last seen, or where the body was found, if known; (iii) the date and time the crime occurred, the person was last seen, or the body was found, if known; (iv) the name and contact information of the investigating law-enforcement agency; (v) a brief summary of the crime or case; and (vi) any other information that the investigating law-enforcement agency determines is appropriate. The bill also allows the Department and submitting law-enforcement agencies to withhold such information, in whole or in part, from the database (a) as they deem necessary for investigative purposes, protection of privacy, or any other lawful reason or (b) upon request of the victim's or missing person's next of kin.
Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans; report; sunset. Creates the Commission to Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans to (i) study the current impact and long-term inequities of slavery and the subsequent state-sanctioned de jure and de facto racial and economic discrimination practiced against African Americans and (ii) make recommendations to the General Assembly on appropriate remedies. The bill requires the Commission to annually submit a report on its interim activity and work to the Governor and the General Assembly. The bill has an expiration date of July 1, 2022.
Institutions of higher education; sexual violencepolicies; immunity from disciplinary action; certain students whomake reports. Requires the Virginia Community College System,Richard Bland College, each baccalaureate public institution of highereducation, and each nonprofit private institution of higher educationto include in its sexual violence policy a requirement that any enrolledstudent who (i) reports to any individual employed by the institutionthat an act of sexual violence occurred on campus, in or on a noncampusbuilding or property, or on public property, as such terms are definedin relevant law, and (ii) the institution determines, as a resultof any investigation relating to such alleged act of sexual violence,committed a separate, unrelated, nonviolent act that violates theinstitution's code, rules, or set of standards governing student conduct is immune from disciplinary action for such violation.
