Sen. Barbara Favola

Commending William H. Goodwin, Jr.

Local taxing authority. Equalizes city taxing authority and county taxing authority by granting a county the same authority available to impose excise taxes on cigarettes, admissions, transient room rentals, meals, and travel campgrounds without limitation on the rate that may be imposed. The bill retains a restriction that applies to counties under current law and requires that any transient occupancy tax revenue attributable to a rate of between two and five percent must be used for tourism marketing. The bill directs the Division of Legislative Services to convene a work group to develop recommendations as to any additional legislative changes that may be needed to effectuate the provisions of the bill. This bill was incorporated into SB 588.

Redistricting; role of Supreme Court of Virginia. Directs the Supreme Court of Virginia to enact rules and proceduresfor implementing the constitutional requirement that the Court establishcongressional or state legislative districts in the event districts fail to be enacted. The rules and procedures enacted by the Courtare required to allow public participation in the Court's redistrictingdeliberations, to provide for the Division of Legislative Servicesto provide staff support and technical assistance to the Court, andto ensure districts established by the Court adhere to constitutional and statutory criteria. The bill directs the Court to appoint aspecial master to assist in the establishment of districts and authorizesthe Court to adjust the date of the primary election and various related deadlines as may be necessary to allow for the establishmentof districts. The bill has a contingent effective date of November15, 2020, provided that the voters approve the amendments to ArticleII of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.

Purchase, possession, or transportationof firearms following conviction for assault and battery of a familyor household member; permit to restore rights; penalties. Prohibitsa person who has been convicted of stalking, sexual battery, or assaultand battery of a family or household member from purchasing, possessing,or transporting a firearm. A person who violates this provision isguilty of a Class 1 misdemeanor. The bill provides for a processby which a person convicted of such crime may petition the circuitcourt for a reinstatement of his right to possess or transport a firearm and the factors a court shall consider in determining suchreinstatement.

Celebrating the life of the Honorable Mary T.Christian.

Prevailing wage; public works contracts; penalty.Requires contractors and subcontractors under any public contractwith a state agency for public works to pay wages, salaries, benefits,and other remuneration to any mechanic, laborer, or worker employed,retained, or otherwise hired to perform services in connection withthe public contract for public works at the prevailing wage rate.The Commissioner of Labor and Industry is required to determine theprevailing wage rate for such public contracts on the basis of applicableprevailing wage rate determinations made by the U.S. Secretary ofLabor under the provisions of the federal Davis-Bacon Act. A contractoror subcontractor who knowingly or willfully employs any mechanic, laborer, or worker to perform work contracted to be done under thepublic contract at a rate that is less than the prevailing wage rateis guilty of a Class 1 misdemeanor. In addition, such a contractoror subcontractor shall be liable to such individuals for the paymentof all wages due plus interest and shall be disqualified from biddingon public contracts with any public body until full restitution hasbeen paid to the individuals.

Collective bargaining for public employees.Repeals the existing prohibition on collective bargaining by publicemployees. The bill creates the Public Employee Relations Board,which will determine appropriate bargaining units and provide forcertification and decertification elections for exclusive bargainingrepresentatives of state employees and local government employees.The measure requires public employers and employee organizationsthat are exclusive bargaining representatives to meet at reasonabletimes to negotiate in good faith with respect to wages, hours, andother terms and conditions of employment. The measure repeals a provisionenacted in 2013 that declares that, in any procedure providing for the designation, selection, or authorization of a labor organizationto represent employees, the right of an individual employee to voteby secret ballot is a fundamental right that shall be guaranteedfrom infringement.

Department of Motor Vehicles; issuance of certain documents; citizenship requirement. Removes the citizenship and legal presence requirements for obtaining a driver's license or special identification card. The bill requires the Department of Motor Vehicles to cancel any (i) REAL ID-compliant driver's license or special identification card and (ii) commercial driver's license or commercial learner's permit if the Department is notified by a federal agency that the individual to whom such document was issued is not in compliance with the citizenship and lawful residency requirements for such license, card, or permit. The bill has a delayed effective date of October 2, 2020, and contains technical amendments. This bill was incorporated into SB 34.

Right to reproductive choice. Provides thatevery individual has a fundamental right to choose or refuse contraceptionand that a pregnant person has a fundamental right to choose to carrya pregnancy to term, give birth to a child, or terminate a pregnancy.The bill states that the Commonwealth shall not, in the regulationor provision of benefits, facilities, services, or information, denyor interfere with an individual's fundamental rights, including individualsunder state control or supervision. The bill states that any stateor local official who is charged with violating provisions of thissection shall be subject to an action in federal or state court forinjunctive relief and damages. Such action may be brought by any person or entity that may be aggrieved by such official's actions.

Single-use plastic and expanded polystyreneproducts; local prohibition; local tax. Authorizes a localityto prohibit by ordinance the purchase, sale, or provision, whetherfree or for a cost, of certain single-use products that are not recyclableor compostable and for which there is a suitable and cost-effective compostable or recyclable alternative product available, with certain exceptions. The bill also authorizes any locality to impose a five-centper item tax on single-use plastics and polystyrene products providedto customers by certain retailers, with certain products being exemptfrom the tax. The bill directs revenue from the local tax to be usedby the locality imposing the tax for cleanup or education programsdesigned to reduce waste. The bill allows every restaurant or retailerthat collects the tax to retain one cent of the five-cent tax ifthe tax is paid in a timely manner.