Sen. Mamie Locke

Conservation police officers; external appointment. Removes a provision prohibiting the Director of the Department ofGame and Inland Fisheries from making an external appointment forany sworn law-enforcement position above the rank of conservationpolice officer. Current law requires that all promotions within theDepartment's sworn ranks be made from among existing sworn conservationpolice officers.

Corporal Ryan C. McGhee Memorial Bridge. Designatesthe bridge on Guinea Station Road over Interstate 95 in SpotsylvaniaCounty the Corporal Ryan C. McGhee Memorial Bridge.

Specialty dockets; veterans docket. Providesthat any veterans docket authorized and established as a local specialtydocket in accordance with the Rules of Supreme Court of Virginiashall be deemed a "Veterans Treatment Court Program," as that termis used under federal law or by any other entity, for the purposesof applying for, qualifying for, or receiving any federal grants,other federal money, or money from any other entity designated toassist or fund such state programs. The bill contains an emergencyclause.

Holding handheld personal communications devices while driving a motor vehicle. Prohibits any person from holding a handheld personal communications device while driving a motor vehicle. Current law prohibits (i) the reading of any email or text message and manually entering letters or text in such a device as a means of communicating and (ii) holding a personal communications device while driving in a work zone. The bill expands the exemptions to include handheld personal communications devices that are being held and used (a) as an amateur radio or a citizens band radio or (b) for official Department of Transportation or traffic incident management services. The bill has a delayed effective date of January 1, 2021. This bill incorporates SB 136 and SB 944 and is identical to HB 874.

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 is identical to HB 1523.

Overgrown vegetation; local authority. Authorizesany locality within Planning District 23 or that has a populationof at least 75,000 to include provisions for cutting overgrown shrubs,trees, and other such vegetation in an ordinance requiring certainlandowners to cut the grass, weeds, and other foreign growth on certainproperty.

Earned paid sick time. Requires public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill prohibits employers from taking certain retaliatory actions against employees related to leave and authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2021, and incorporates SB 1069.

Redistricting; Virginia Redistricting Commission; standards and criteria. Establishes the Virginia Redistricting Commission (the Commission) pursuant to Article II, Sections 6 and 6-A of the Constitution of Virginia. The Commission, tasked with establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly, will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, racial and ethnic fairness, communities of interest, contiguity, and compactness. The bill prohibits a map of districts from unduly favoring or disfavoring any political party when considered on a statewide basis.The bill provides for the preparation and use of adjusted population data for redistricting and reapportionment purposes to reflect the reallocation of persons incarcerated in federal, state, and local correctional facilities. Persons incarcerated in such a facility whose address at the time of incarceration was in the Commonwealth are to be counted at that address and persons incarcerated in such a facility whose address at the time of incarceration was outside of the Commonwealth or cannot be determined are to be counted at the facility.Provisions to ensure public participation in the redistricting process are included.If efforts to establish districts fail, the Supreme Court of Virginia is responsible for establishing districts, and the bill directs the Court to enact rules and procedures for doing so. The rules and procedures enacted by the Court are required to allow public participation in the Court's redistricting deliberations, to provide for the Division of Legislative Services to provide staff support and technical assistance to the Court, and to ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint two special masters to assist in the establishment of districts, from lists submitted by the legislative leaders of the majority and minority political parties.The bill has a contingent effective date of November 15, 2020, provided that the voters approve the amendments to Article II of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.

Teledentistry. Defines "teledentistry,"establishes requirements for the practice of teledentistry, establishesrequirements for the taking of dental scans for use in teledentistryby dental scan technicians, and clarifies requirements related tothe use of digital work orders for dental appliances in the practiceof teledentistry. The bill also requires the Board of Dentistry toreview all applications for renewal of a license to identify thoseapplicants who are engaged in the practice of teledentistry and reportsuch information annually, by October 1, to the Chairmen of the HouseCommittee on Health, Welfare and Institutions, the Senate Committeeon Education and Health, and the Joint Commission on Health Care.

Fort Monroe Authority; exemption from the Virginia Personnel Act. Exempts the officers and employees of the Fort Monroe Authority from the provisions and requirements of the Virginia Personnel Act. This bill is identical to HB 1608.