Virginia Fair Housing Law; unlawful discriminatory housing practices; source of funds. Adds discrimination on the basis of a person's source of funds to the list of unlawful discriminatory housing practices. The bill creates an exemption for an owner or owner's managing agent, provided that such owner does not own more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth at the time of the alleged discriminatory housing practice. The bill allows an owner or owner's managing agent to deny or limit a person's rental or occupancy of a rental dwelling unit based on the person's source of funds for that unit if such source is not approved within 15 days of the person's submission of the request for tenancy approval. The bill defines "source of funds" as any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity. This bill incorporates HB 357.
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Department of Health; sickle cell anemia; adult and pediatric comprehensive sickle cell clinic network. Specifies that children be included in the voluntary program established by the Commissioner of Health, in cooperation with local health directors, for the screening of individuals for the disease of sickle cell anemia or the sickle cell trait and for other genetically related diseases and genetic traits and inborn errors of metabolism. The bill directs the Board of Health to adopt regulations to implement an adult and pediatric comprehensive sickle cell clinic network.
Pipeline construction permit; amount of civil penalty for violation. Authorizes the State Water Control Board to include civil penalties of up to $50,000 per violation, not to exceed $500,000 per order, in any order for a violation of a permit related to the construction of a natural gas transmission pipeline greater than 36 inches inside diameter. Current law limits such penalties to $32,500 per violation and $100,000 per order. The bill requires that at least two written notices of violation have been issued to the person constructing the pipeline, that such violations have not been resolved, and that a hearing has been conducted before the penalty can be assessed.
Historical African American Cemeteries and Graves Fund. Creates the Historical African American Cemeteries and Graves Fund and provides that any funds that are appropriated to the Department of Historic Resources but not used for the maintenance of graves, in particular the listed historical African American cemeteries, shall be deposited in the Fund. The bill authorizes the Director of the Department to manage and administer the Fund and to disburse moneys in the Fund to maintain additional graves that have been certified by the Department and documented in the Department's cultural resources database.The bill also adds six cemeteries to the list of cemeteries for which qualified organizations may receive funds from the Department. The cemeteries are Cuffeytown Cemetery in the City of Chesapeake, with 52 eligible graves; Newtown Cemetery in the City of Harrisonburg, with 400 eligible graves; Stanton Family Cemetery in Buckingham County, with 36 eligible graves; and three cemeteries in Arlington County: Calloway Cemetery, with 29 eligible graves, Lomax Cemetery, with 66 eligible graves, and Mount Salvation Cemetery, with 29 eligible graves. This bill incorporates HB 379, HB 905, HB 1234, and HB 1593 and is identical to SB 881.
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.
Public employment; limitations on inquiries by state agencies and localities regarding criminal arrests, charges, or convictions. Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. The bill prohibits asking a prospective employee if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. For localities, the prohibition also does not apply to positions for employment by the local school board. This bill incorporates HB 140.
Tanning facilities; use by persons under age 18. Prohibits a tanning facility from allowing individuals under age 18 to use a tanning device at such facility other than a spray tanning device that does not emit ultraviolet light. The bill includes an exception allowing a person licensed by the Board of Medicine to practice medicine or osteopathic medicine to prescribe or use a phototherapy device, as defined in the bill, for any patient regardless of age.
Eligibility for food stamps and TANF; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, such individuals may not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of § 18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and meets any other obligations as determined by the Department of Social Services. The bill also provides that a person who is otherwise eligible to receive TANF benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. This bill incorporates HB 391, HB 786, HB 814, and HB 1130 and is identical to SB 124.
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.
Local school boards; lead testing; report; parental notification. Requires each local school board's plan to test and remediate certain potable water sources to be consistent with guidance published by the U.S. Environmental Protection Agency or the Department of Health. The bill requires each local school board to submit such testing plan and report the results of any such test to the Department of Health. The bill also requires local school boards to take all necessary steps to notify parents if testing results indicate lead contamination that exceeds 10 parts per billion. The bill is identical to SB 392.