Sen. Elizabeth Bennett-Parker

Paid sick leave; home health workers providingagency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services.Under current law, employers are only required to provide paid sickleave to home health workers who provide consumer-directed services.The bill provides that "employer" includes the Commonwealth, anyof its agencies, institutions, or political subdivisions, and anypublic body.

Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

Paid sick leave; penalty; state tax deduction. Requires employers, as defined in the bill, to provide 40 hours of paid sick leave, prorated to reflect the average number of hours worked per week by each employee, as defined in the bill, in the previous 12 months, for all existing eligible employees and eligible employees that have been employed for at least 12 months. For eligible employees who have been employed for less than 12 months, employers must provide 20 to 40 hours of paid sick leave, prorated to reflect the expected number of hours worked per week by each employee, as determined by the employer. Employers with at least 25 but not more than 49 full-time employees receive a nonrefundable state tax deduction equivalent to 120 percent of the value of any paid sick leave provided by an employer to an employee. Employers with existing paid sick leave policies providing at least 40 hours per year of paid sick leave are exempt from the requirements of the bill. The bill allows employers to request a hardship waiver from the Department of Labor and Industry for certain circumstances and requires employers to provide a written notice of information related to paid sick leave to each employee at the commencement of employment or by January 1, 2023. The bill requires that sick leave be available for any eligible employee to use at the commencement of employment and provides that paid sick leave 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 or (ii) to provide care to a family member under similar circumstances. The law prohibits employers from taking certain retaliatory actions against employees related to paid sick leave, and the bill authorizes the Department, in the case of a knowing violation, to subject an employer to a 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 the bill and to collect specified amounts from the employer, which shall be awarded to the employee. Many of the provisions of the bill currently apply to certain home health workers. The bill has a delayed effective date of January 1, 2023.

Exhaust systems; excessive noise. Prohibitsany individual from operating a motor vehicle with a gross weightof 10,000 pounds or less with an exhaust system that emits noise equivalentto noise in excess of 85 decibels measured from a distance of 50 feet.The bill also allows the governing body of any county, city, or town located within the Northern Virginia Planning District to provideby ordinance that no person shall operate any motor vehicle on a highway or on public or private property within 500 feet of any residential district unless such motor vehicle is equipped with an exhaust systemof a type installed as standard equipment, or comparable to thatdesigned for use on that particular vehicle or device as standardfactory equipment, in good working order and in constant operationto prevent excessive noise. The bill also requires the Superintendentof State Police to promulgate regulations for the inspection of motorvehicles to ensure that no motor vehicle is equipped with a guttedmuffler, muffler cutout, or straight exhaust or any mechanical orelectronic device that creates or amplifies noise emitted by themotor vehicle that is louder than the noise emitted by such motor vehicle as originally manufactured.

Constitutional amendment (second reference);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Repeals the constitutional provision defining marriageas only a union between one man and one woman as well as the relatedprovisions that are no longer valid as a result of the United StatesSupreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealthand its political subdivisions and agents to issue marriage licenses,recognize marriages, and treat all marriages equally under the law,regardless of the sex or gender of the parties to the marriage. Religiousorganizations and clergy acting in their religious capacity havethe right to refuse to perform any marriage.

Virginia Residential Landlord and Tenant Act;terms and conditions of rental agreement; automatic renewal; noticeof rent increase. Requires a landlord that owns more than fourrental dwelling units to, in the case of any rental agreement thatprovides for automatic renewal of such agreement, provide separatewritten notice to the tenant notifying the tenant of any increasein rent. The bill provides that such notice shall be provided tothe tenant no less than 30 days before the automatic renewal takeseffect.

Retail Small Business Grant Program and Fund.Establishes the Retail Small Business Grant Program and Fund to supportexisting Virginia small businesses, attract new businesses, increasethe Commonwealth's tax base, create new job opportunities for Virginiaresidents, and enhance commercial activity in Virginia. The billprovides that an eligible Virginia small business, defined in thebill, is eligible for grants of up to $50,000. The total amount ofgrants awarded in a fiscal year is capped at $10 million.

Green banks; regional agreements. Providesthat any two or more localities may enter into agreements with oneanother for joint action to establish a green bank to promote investmentin clean energy technologies and provide financing for clean energytechnologies. The governing bodies of participating localities musteach adopt an ordinance to approve such agreement before the agreement takes effect. The existing green bank enabling statute is silenton the issue of regional agreements.

Family caregiver tax credit. Creates a nonrefundableincome tax credit for taxable years 2022 through 2026 for expensesincurred by an individual in caring for an eligible family member,defined in the bill, who requires assistance with one or more activitiesof daily living, also defined in the bill. The credit equals 50 percentof eligible expenditures incurred by the caregiver up to $1,000. Inorder to qualify for the credit, the family caregiver must (i) notreceive any compensation or reimbursement for the eligible expendituresand (ii) have federal adjusted gross income that is no greater than$100,000 for an individual or $200,000 for married persons. The billrequires the Tax Commissioner to establish guidelines for claimingthe credit and provides that any unused credit may be carried forwardby the taxpayer for five taxable years following the taxable yearfor which the credit was issued. The bill is a recommendation ofthe Joint Commission on Health Care.

Virginia Residential Landlord and Tenant Act;landlord remedies; noncompliance with rental agreement. Increasesfrom five days to 14 days the mandatory waiting period after a landlordserves written notice on a tenant notifying the tenant of his nonpaymentof rent and of the landlord's intention to terminate the rental agreementif rent is not paid before the landlord may pursue remedies for terminationof the rental agreement.