Del. Jeion Ward

Minimum wage. Increases the minimum wage from its current federally mandated level of $7.25 per hour to $9.50 per hour effective May 1, 2021; to $11.00 per hour effective January 1, 2022; to $12.00 per hour effective January 1, 2023; to $13.50 per hour effective January 1, 2025; and to $15.00 per hour effective January 1, 2026. For January 1, 2027, and thereafter, the annual minimum wage shall be adjusted to reflect increases in the consumer price index. The measure provides that the increases scheduled for 2025 and 2026 will not become effective unless reenacted by the General Assembly prior to July 1, 2024. If such provisions are not reenacted prior to July 1, 2024, then the annual minimum wage will be adjusted to reflect increases in the consumer price index beginning January 1, 2025. The measure creates a training wage at 75 percent of the minimum wage for employees in on-the-job training programs lasting less than 90 days. The measure also provides that the Virginia minimum wage applies to persons whose employment is covered by the Fair Labor Standards Act; persons employed in domestic service or in or about a private home; persons who normally work and are paid on the amount of work done; persons with intellectual or physical disabilities except those whose employment is covered by a special certificate issued by the U.S. Secretary of Labor; persons employed by an employer who does not employ four or more persons at any one time; and persons who are less than 18 years of age and who are under the jurisdiction of a juvenile and domestic relations district court. The measure provides that the Virginia minimum wage does not apply to persons participating in the U.S. Department of State's au pair program, persons employed as temporary foreign workers, and persons employed by certain amusement or recreational establishments, organized camps, or religious or nonprofit educational conference centers. This bill incorporates HB 433, HB 583 and HB 615 and is identical to SB 7.

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.

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.

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.

Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth, or related medical conditions; reasonable accommodation for the known limitations of persons related to pregnancy, childbirth, or related medical conditions. Requires employers, defined in the bill, to make reasonable accommodation for the known limitations of a person related to pregnancy, childbirth, or related medical conditions, if such accommodation is necessary to assist such person in performing a particular job, unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer. The bill also prohibits employers from taking any adverse action against an employee who requests or uses a reasonable accommodation and from denying employment or promotion opportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation to the applicant or employee. The bill creates a cause of action against any employer who denies any of the rights afforded by the bill and permits the court or jury to award compensatory damages, back pay, and other equitable relief. The bill contains technical amendments and is identical to SB 712.

Community Policing Act; data collection and reporting requirement. Prohibits law-enforcement officers and State Police officers from engaging in bias-based profiling, defined in the bill, in the performance of their official duties. The bill directs the Department of State Police (the Department) to create the Community Policing Reporting Database into which sheriffs, police forces, and State Police officers report certain data pertaining to motor vehicle or investigatory stops. The Department is directed to provide access to the database to the Department of Criminal Justice Services (DCJS) for the purpose of analyzing motor vehicle and investigatory stops and records of complaints alleging the use of excessive force. The data analysis shall be used to determine the existence and prevalence of the practice of bias-based profiling and the prevalence of complaints alleging the use of excessive force. The bill requires that each time a local law-enforcement officer or State Police officer stops a driver of a motor vehicle the officer collect the following data based on the officer's observation or information provided to the officer by the driver: (i) the race, ethnicity, age, and gender of the person stopped; (ii) the reason for the stop; (iii) the location of the stop; (iv) whether a warning, written citation, or summons was issued or whether any persons were arrested; (v) if a warning, written citation, or summons was issued or an arrest was made, the warning provided, violation charged, or crime charged; and (vi) whether the vehicle or any person was searched. The bill requires each state and local law-enforcement agency to also collect and report to the State Police the number of complaints the agency receives alleging the use of excessive force. The bill also requires the Director of DCJS to annually report the findings and recommendations resulting from the collection, analysis, and interpretation of the data from the Database to the Governor, the General Assembly, and the Attorney General beginning July 1, 2021. The report shall include information regarding any state or local law-enforcement agency that has failed or refused to report the required data. A copy of the report shall be provided to each attorney for the Commonwealth of the county or city in which a reporting law-enforcement agency is located.

Commission for Historical Statues in the United States Capitol; replacement of Robert E. Lee statue in National Statuary Hall Collection. Creates the Commission for Historical Statues in the United States Capitol to determine whether the Robert E. Lee statue in the National Statuary Hall Collection at the United States Capitol should be replaced and, if so, to recommend to the General Assembly as a replacement a statue of a prominent Virginia citizen of historic renown or renowned for distinguished civil or military service to be commemorated in the National Statuary Hall Collection.The Commission will consist of eight members appointed as follows: one member of the House of Delegates appointed by the Speaker of the House of Delegates; one member of the Senate appointed by the Senate Committee on Rules; two nonlegislative citizen members who are Virginia or American historians appointed by the Governor; three nonlegislative citizen members appointed upon the vote of the Commission members appointed by the Speaker, the Senate Committee on Rules, and the Governor; and the Director of the Department of Historic Resources, who serves ex officio with nonvoting privileges. The Department of Historic Resources will provide staff support to the Commission.The Commission will also be required to (i) select a sculptor for the new statue, with preference given to a sculptor from Virginia; (ii) estimate the costs associated with the replacement of the Robert E. Lee statue, including costs related to construction and placement of the new statue, for the removal and transfer of the Robert E. Lee statue, and for any unveiling ceremony of the new statue; and (iii) recommend to the General Assembly a suitable state, local, or private nonprofit history museum in the Commonwealth for placement of the Robert E. Lee statue.The bill requires the Commission to hold at least one public hearing prior to making any recommendation to the General Assembly on a new statue and requires the costs of the Commission's work to be borne by the Commission from such private funds as are collected by the Commission and general funds as are appropriated by the General Assembly.This bill incorporates HB 181 and is identical to SB 612.

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.