Del. Nadarius Clark

Employment discrimination; employee notification of federal and state statute of limitations. Requires an employer that employs 10 or more employees and that receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.

Tax exemptions; Confederacy organizations. Eliminates the exemption from state recordation taxes for the Virginia Division of the United Daughters of the Confederacy and eliminates the tax-exempt designation for real and personal property owned by the Virginia Division of the United Daughters of the Confederacy, the General Organization of the United Daughters of the Confederacy, the Confederate Memorial Literary Society, and the Stonewall Jackson Memorial, Incorporated. This bill is identical to HB 568.

Weapons; possession or transportation; hospital that provides mental health services or developmental services; penalty. Makes it a Class 1 misdemeanor for any person to knowingly possess in or transport into the building of any hospital that provides mental health services or developmental services in the Commonwealth, including an emergency department or other facility rendering emergency medical care, any (i) firearm or other weapon designed or intended to propel a missile or projectile of any kind; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) other dangerous weapon, including explosives and stun weapons. The bill also provides that notice of such prohibitions shall be posted conspicuously at the public entrance of any hospital and no person shall be convicted of the offense if such notice is not posted, unless such person had actual notice of the prohibitions. The bill provides that any such firearm, knife, explosive, or weapon shall be subject to seizure by a law-enforcement officer and forfeited to the Commonwealth and specifies exceptions to the prohibition. This bill is identical to HB 861.

Uniform Statewide Building Code; bus shelters.Exempts plans and specifications for bus shelters that do not exceed256 square feet that are to be constructed for transit agencies receivingstate money and that will be constructed on state-owned propertyfrom the Department of General Services' review process requiredby the Uniform Statewide Building Code. The bill authorizes the localbuilding official of the locality in which the state-owned propertyis located to conduct the review process within 60 days of the applicant'sinitial submission of the plans and specifications for such bus shelter.

Public service companies; pole attachments;cable television systems and telecommunications service providers. Requires a public utility, as defined in the bill, to establish and adhere to pole attachment practices and procedures that comply with certain requirements, including determining whether an attachment request is complete before reviewing such request on its merits, complying with certain timelines, and providing notice of a rearrangement to affected existing attachers. The bill provides that a public utility shall not apportion to a telecommunications service provider or cable television system the cost of replacing a red-tagged pole, as defined in the bill, provided that such utility may apportion to such provider or system the incremental cost of a taller or stronger pole that is necessitated solely by the new facilities of such provider or system. The bill authorizes the State Corporation Commission to enforce its provisions and requires the Commission to resolve disputes involving pole access within 90 days and concerning certain other matters within 120 days. This bill is identical to SB 713.

Virginia Residential Landlord and Tenant Act; copy of rental agreement for tenant. Requires a landlord to provide a copy of the signed written rental agreement to the tenant within 10 business days of the effective date of the rental agreement and to provide additional hard copies of the rental agreement upon request or to maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. The bill also prohibits a landlord from charging a tenant for any such additional copies of his rental agreement.

Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco products; retail tobacco products and liquid nicotine tax; penalties. Prohibits any person from selling any retail tobacco product, as defined in the bill, at retail without first obtaining a permit from the Department of Taxation and prohibits such sale at a location within 1,000 feet of a youth-oriented facility, as defined in the bill. The bill prohibits Internet sales of retail tobacco products, except to a permit-holding retailer, and prohibits the sale of retail tobacco products from vending machines. Under the bill, permits are subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit. The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of "retail tobacco products" by including in such definition products currently defined as "nicotine vapor products" or "alternative nicotine vapor products." The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age. The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment's distributor's license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment's distributor's license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks. The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products.

Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply to medical debt arising from services provided by programs administered by the Department of Medical Assistance Services.

Virginia Residential Landlord and Tenant Act;Department of Housing and Community Development; mandatory fees.Requires advertisements for rental units and rental agreements toinclude any mandatory fees that will be charged to a tenant in excessof the rent. The bill directs the Department of Housing and CommunityDevelopment to collect data regarding the type and amount of mandatoryfees tenants are required to pay and to include such data in itsannual report to the General Assembly.

Virginia Residential Landlord and Tenant Act; tenant's remedies for exclusion from dwelling unit due to condemnation. Provides that the landlord shall be liable to the tenant for actual damages and reasonable attorney fees if the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, and welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned. The bill includes exceptions to such liability, including negligence by the tenant, an act of God, and termination due to certain fire damage.