Many bills introduced that could impact the risk management landscape

Uncertainty equals risk, and VRSA members are certainly facing considerable uncertainty in the current legislative session. Risk can be positive or negative depending on how the legislation impacts your organizational goals and objectives. Take some time to consider the following legislation through an enterprise risk management lens.

VRSA does not lobby or take positions on legislation. Be sure to communicate the potential impact of legislation to either your legislative liaison or lobbying association per your local policies and procedures. This is not an exhaustive list of bills as new legislation is still being filed. You may review any bill and track its progress through the Commonwealth’s Legislative Information System.

Automobile

HB 15 Public school buses; seat belts. Introduced by: Paul E. Krizek. SUMMARY AS INTRODUCED: Requires the Board of Education to make regulations to require each new public school bus purchased for the transportation of students to be equipped with a seat belt consisting of a lap belt and shoulder strap or harness in every seat. The bill requires each school board to ensure that no later than July 1, 2038, each school bus that it uses for the transportation of students is equipped with a seat belt in every seat. HB 15 Link.
HB 16 Safety belt system; all occupants of motor vehicles to utilize. Introduced by: Paul E. Krizek. SUMMARY AS INTRODUCED: Requires all occupants of motor vehicles to utilize a safety belt system. Current law requires the use of safety belts only by (i) occupants under the age of 18, (ii) drivers, and (iii) passengers 18 years of age or older occupying the front seat. The bill changes a violation of safety belt system requirements by a person occupying a front seat from a secondary offense to a primary offense. HB 16 Link.
HB 512 Handheld personal communications devices; holding devices while driving a motor vehicle. Introduced by: David L. Bulova. SUMMARY AS INTRODUCED: 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. This bill has a delayed effective date of January 1, 2021. HB 512 Link.
HB 616 Motor vehicles; when headlights to be lighted. Introduced by: Kenneth R. Plum. SUMMARY AS INTRODUCED: Requires every vehicle in operation to display lighted headlights. Currently headlights are required to be lighted only (i) from sunset to sunrise; (ii) during any other time when, because of rain, smoke, fog, snow, sleet, insufficient light, or other unfavorable atmospheric conditions, visibility is reduced to a degree whereby persons or vehicles on the highway are not clearly discernible at a distance of 500 feet; and (iii) whenever windshield wipers are in use as a result of fog, rain, sleet, or snow. The bill removes provisions making the failure to display lighted headlights when windshield wipers are in use as a result of fog rain, sleet, or snow (a) a secondary offense, (b) subject to no demerit points being assessed, and (c) not a defense to any claim for personal injury or recovery of medical expenses for injuries sustained in a motor vehicle accident. HB 616 Link.
HB 874/SB 136 Handheld personal communications devices; holding devices while driving a motor vehicle. Introduced by: Jeffrey M. Bourne/Richard H. Stuart. SUMMARY AS INTRODUCED: 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. This bill has a delayed effective date of January 1, 2021. HB 874 Link, SB 136 Link.
SB 160 Handheld personal communications devices; holding devices while driving a motor vehicle. Introduced by: Scott A. Surovell. SUMMARY AS INTRODUCED: 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. This bill has a delayed effective date of January 1, 2021. SB 160 Link.
SB 907 Transportation safety. Introduced by: L. Louise Lucas. SUMMARY AS INTRODUCED: Adopts several initiatives related to transportation and safety, including: (i) making it illegal to possess an open container of alcohol in a motor vehicle, (ii) requiring all passengers in a vehicle to wear safety belts and making failure to wear a safety belt a primary offense, (iii) prohibiting the use of handheld personal communication devices, (iv) establishing a speed monitoring program in highway safety corridors that uses a vehicle sensor to take a picture of a vehicle traveling more than 10 miles over the speed limit, subjecting the driver to a monetary fine, and (v) allowing localities to lower the speed limit below 25 miles per hour in business and residential districts. The Commissioner of the Department of Motor Vehicles will establish an advisory committee to oversee education and enforcement of policies such as the seatbelt and hands-free provisions. The bill also changes the vehicle inspection safety program to only require inspections of salvage vehicles that have been rebuilt for highway use, converted electric vehicles, and off-road motorcycles that have been converted to on-road use. The bill contains numerous technical amendments. SB 907 Link.
SB 944 Holding handheld personal communications devices while driving a motor vehicle. Introduced by: Richard L. Saslaw. SUMMARY AS INTRODUCED: 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. This bill has a delayed effective date of January 1, 2021. SB 944 Link.

Broadband

HB 70 Broadband services; prohibited features. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Prohibits a provider of broadband services from offering or renewing services to consumers within any locality in the Commonwealth in which certain media is throttled, blocked, or prioritized based on its content, format, host address, or source. HB 70 Link.
HB 1242 Authority of localities to provide broadband service. Introduced by: Steve E. Heretick. SUMMARY AS INTRODUCED: Provides that any locality may establish any department, office, board, commission, agency, or other governmental division or entity that has authority to offer telecommunications, Internet access, broadband, information, and data transmission services. HB 1242 Link.
HB 1280 Electric utilities; broadband capacity. Introduced by: Israel D. O’Quinn. SUMMARY AS INTRODUCED: Authorizes an electric utility to lease to any party indefeasible rights of use in excess broadband capacity equipment and electronics that were installed as part of an approved pilot program under which the utility provides broadband capacity to nongovernmental Internet service providers in areas of the Commonwealth unserved by broadband. HB 1280 Link.

Cyber Security

HB 957 Virginia Cyber Initiative Act; established. Introduced by: Hala S. Ayala. SUMMARY AS INTRODUCED: Directs the Virginia Information Technologies Agency to work with public and private institutions of higher education, state agencies, and businesses in the Commonwealth to develop a cyber alliance, to be known as the Virginia Cyber Initiative, to reduce cyber risks and encourage economic development in the cybersecurity field. The bill also creates the Virginia Cyber Initiative Fund for the purposes of improving cybersecurity and the economy of the Commonwealth through (i) improving cyber infrastructure, (ii) increasing the focus on cyber job-creating research activities, and (iii) expanding cyber job-creating research activities toward producing more knowledge-based and high-technology cyber jobs in the Commonwealth. HB 957 Link.
HJ 64 Study; Virginia Information Technologies Agency; ransomware attack preparedness; report. Introduced by: David A. Reid. SUMMARY AS INTRODUCED: Requests the Virginia Information Technologies Agency (VITA) to study the Commonwealth’s susceptibility, preparedness, and ability to respond to ransomware attacks. In conducting its study, the Agency shall (i) assess the Commonwealth’s susceptibility to ransomware attacks at the state and local levels of government; (ii) develop guidelines and best practices to prevent ransomware attacks; (iii) evaluate current data encryption and backup strategies; (iv) evaluate the availability of tools to monitor unusual access requests, viruses, and network traffic; (v) develop guidance for state agencies and localities on responding in the event of a ransomware attack; (vi) develop a coordinated law-enforcement response strategy that utilizes forensic investigative techniques to identify the source of ransomware attacks; and (vii) provide recommendations on legislative or regulatory changes to better protect state and local government entities from ransomware. The bill requires VITA to report its findings to the Governor and the General Assembly no later than the first day of the 2021 Regular Session. HJ 64 Link.

Discrimination

HB 21 Virginia Human Rights Act; prohibited discrimination, sexual orientation and gender identity. Introduced by: Joseph C. Lindsey. SUMMARY AS INTRODUCED: Adds discrimination on the basis of an individual’s sexual orientation or gender identity as an unlawful discriminatory practice under the Virginia Human Rights Act. The bill also creates a cause of action if any person employed by an employer who employs more than five but fewer than 15 persons is discharged by such employer on the basis of sexual orientation or gender identity. The bill defines “sexual orientation” and “gender identity.” The bill contains technical amendments. HB 21 Link.
HB 23/SB 23 Public employment and housing; prohibited discrimination, sexual orientation or gender identity. Introduced by: Joseph C. Lindsey/Adam Ebbin. SUMMARY AS INTRODUCED: Prohibits discrimination in public employment on the basis of sexual orientation or 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 adds discrimination on the basis of an individual’s sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity. HB 23 Link, SB 23 Link.
SB 868 Prohibited discrimination; public accommodations, employment, credit, and housing. Introduced by: Adam P. Ebbin. SUMMARY AS INTRODUCED: Creates explicit 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, 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. The bill prohibits discrimination in public and private employment and credit on the basis of sexual orientation or 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 prohibits discrimination in public accommodations on the basis of sexual orientation, gender identity, or status as a veteran and adds discrimination on the basis of an individual’s sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, marital status, or status as a veteran as an unlawful housing practice. The bill makes technical amendments. SB 868 Link.

Employment

HB 67 Strikes by certain government employees; limits to law-enforcement officers. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Limits to law-enforcement officers the scope of the existing provision that deems any public employee who strikes to have terminated his employment and bars him from further public employment. HB 67 Link.
HB 140 Public employment; limitations on inquiries by state agencies and localities regarding arrests. Introduced by: Glenn R. Davis. SUMMARY AS INTRODUCED: Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. A prospective employee may not be asked if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. HB 140 Link.
HB 326 Employment; wage inquiries; civil penalty. Introduced by: Mark H. Levine. SUMMARY AS INTRODUCED: Prohibits any public or private employer from (i) refusing to interview, hire, or employ an applicant for employment because the applicant does not provide wage history; (ii) retaliating against an applicant for employment because the applicant does not provide wage history; or (iii) relying on the wage history of an applicant to determine the wages offered by the employer to such individual. An applicant or employee who is aggrieved by a violation may bring a private action against the employer. In addition, violators are subject to a civil penalty not to exceed $100 per violation. HB 326 Link.
HB 327 Public employees; collective bargaining. Introduced by: Mark H. Levine. SUMMARY AS INTRODUCED: Authorizes state and local government officers, agents, and governing bodies to recognize any labor union or other employee association as a bargaining agent of any public officers or employees and to collectively bargain with any such union or association. HB 327 Link.
HB 416 Wage or salary history; inquiries prohibited, civil penalty. Introduced by: Joshua G. Cole. SUMMARY AS INTRODUCED: Prohibits a prospective employer from (i) requiring as a condition of employment that a prospective employee provide or disclose the prospective employee’s wage or salary history, (ii) attempting to obtain the wage or salary history of a prospective employee from the prospective employee’s current or former employers, (iii) requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee’s wage or salary history, or (iv) asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee’s wage or salary history. Violations are subject to a civil penalty not to exceed $100 per violation. HB 416 Link.
HB 417 Employment; requiring the purchase or provision of materials. Introduced by: Joshua G. Cole (Elect). SUMMARY AS INTRODUCED: Prohibits any employer, including state or local government, from requiring any employee to purchase from the employer or any other person necessary or required for the employee to perform or complete the work for which he was hired. The measure also prohibits an employer from (i) requiring any employee to furnish, use, or provide at the employee’s expense any necessary materials; (ii) deducting the cost or value of any necessary materials provided by the employer from the employee’s wages or salary; or (iii) discharging or taking retaliatory action against an employee for certain actions related to a violation. HB 417 Link.
HB 418 Earned sick leave for employees; civil penalties. Introduced by: Joshua G. Cole (Elect). SUMMARY AS INTRODUCED: Requires employers to provide earned sick leave to employees at a rate of one hour per 30 hours worked, up to 24 hours in any 12-month period. For employers with more than five employees, the employee is paid for sick leave taken; for employers with fewer than five employees, not more than 32 hours of sick leave in a year are required to be paid leave. The measure authorizes the Commissioner of Labor and Industry to impose a civil penalty of not more than $1,000 for a violation. HB 418 Link.
HB 582 Collective bargaining for public employees. Introduced by: Elizabeth R. Guzman. SUMMARY AS INTRODUCED: Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The measure requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The measure repeals a provision enacted in 2013 that declares that, in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees, the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. HB 582 Link.
HB 662 Local grievance procedure. Introduced by: Michael P. Mullin. SUMMARY AS INTRODUCED: Incorporates into the local grievance procedure certain provisions in the state grievance procedure related to appeal of final decisions to the circuit court. HB 662 Link.
HB 757 Public employment; limitations on inquiries by state agencies and localities regarding arrests. Introduced by: Lashrecse D. Aird. SUMMARY AS INTRODUCED: Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. A prospective employee may not be asked if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purposes pursuant to any provision of federal or state law. HB 757 Link.
HB 800 Employment; disclosure of terms. Introduced by: Karrie K. Delaney. SUMMARY AS INTRODUCED: Requires every employer to furnish to its employees, at the time of the employee’s hiring, a written disclosure of information regarding the terms of employment, including the name and address of the employer, the rate of pay and basis thereof, and the regular payday. The measure also requires employers to notify its employees in writing of any changes to this information. HB 800 Link.
HB 898 Earned paid sick time. Introduced by: Elizabeth R. Guzman. SUMMARY AS INTRODUCED: Requires public and private employers with six or more employees to provide those employees with earned paid sick time. 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 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 measure has a delayed effective date of January 1, 2021. HB 898 Link.
HB 1535 Overtime compensation; penalties. Introduced by: Ibraheem S. Samirah. SUMMARY AS INTRODUCED: Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate not less than one and one-half times the employee’s regular rate of pay for any hours worked in excess of 40 hours in any one workweek. The sanctions for an employer’s failure to pay such overtime wages, including civil and criminal penalties, are the same as currently provided for failing to pay wages generally. HB 1535 Link.
SB 159 Public employment; prohibits discrimination on basis of sexual orientation or gender identity. Introduced by: Jennifer B. Boysko. SUMMARY AS INTRODUCED: Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. 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. SB 159 Link.
SB 744 Misclassification of employees as independent contractors; Department of Taxation to investigate. Introduced by: Jeremy S. McPike. SUMMARY AS INTRODUCED: Prohibits an employer from classifying an individual as an independent contractor if he is an employee. An individual shall be considered an employee of the party that pays the remuneration for purposes of Titles 40.1 (Labor and Employment), 58.1 (Taxation), 60.2 (Unemployment Compensation), and 65.2 (Workers’ Compensation) unless and until it is shown to the satisfaction of the Department of Taxation that such individual is an independent contractor under Internal Revenue Service guidelines. Violators are subject to civil penalties and debarment from public contracts. The bill has a delayed effective date of January 1, 2021. SB 744 Link.
SB 894 Misclassification of workers; cause of action. Introduced by: Richard L. Saslaw. SUMMARY AS INTRODUCED: Authorizes an individual who has not been properly classified as an employee to bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual’s misclassification. The court may award damages in the amount of any wages, salary, employment benefits, including expenses incurred by the employee that would otherwise have been covered by insurance, or other compensation lost to the individual, a reasonable attorney fee, and the costs incurred by the employee in bringing the action. The measure provides that an individual who performs services for a person for remuneration shall be presumed to be an employee unless it is shown that the individual is an independent contractor as determined under the Internal Revenue Service guidelines. SB 894 Link.
SB 939 Labor and employment; collective bargaining; employees of counties, cities, and towns. Introduced by: Richard L. Saslaw. SUMMARY AS INTRODUCED: 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, 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. SB 939 Link.

Environmental/Flood

HB 24/HB 389 Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020; established, report. Introduced by: Joseph C. Lindsey/Jason S. Miyares. SUMMARY AS INTRODUCED: Establishes the Hurricane and Flooding Risk Reduction and Bond Rating Protection Act of 2020, which establishes the Commonwealth of Virginia as a nonfederal sponsor of hurricane and flooding risk reduction projects. There is also established the Virginia Hurricane and Flood Risk Reduction Authority (the Authority) and a board of directors (the Board) of the Authority. The Board shall exercise for the Governor executive authority over all phases of hurricane and flood risk reduction programs, including investigations, construction, operations, and maintenance. The Authority shall be established to fulfill the directives of the Board. The Authority shall be hosted by a department of the Commonwealth as designated by the Governor. That department shall provide support to the Authority, including budgeting, work facilities, administrative management, logistics, human resources, legal, contracts, and information resources. The Joint Legislative Audit and Review Commission (JLARC) shall consult with Louisiana’s Legislative Fiscal Office to assess the increased state and local tax flows in Louisiana that resulted from post-Katrina federal spending, including spending for civil works storm and flooding risk reduction projects. The bill requires JLARC to report to the General Assembly no later than November 1, 2020, on the results of its initial assessment. HB 24 Link, HB 389 Link.
HB 751 Virginia Community Flood Preparedness Fund; low-income loans, forgiveness of principal. Introduced by: Jerrauld C. “Jay” Jones. SUMMARY AS INTRODUCED: Continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund for the purpose of creating a low-interest loan program to help inland and coastal communities that are subject to recurrent flooding. Moneys from the Fund may be used to mitigate future flood damage, with priority given to projects that implement community-scale mitigation activities or use nature-based solutions. Any locality using moneys from the Fund to provide loans may also forgive the principal of such loans, with the total amount of loans forgiven by all localities not to exceed 30 percent of the total amount appropriated to the Fund in that fiscal year. HB 751 Link.
HB 794 Flood Insurance Fund; low-income Virginians. Introduced by: Alex Q. Askew. SUMMARY AS INTRODUCED: Creates a Flood Insurance Fund and directs the Executive Director of the Board of Directors of the Virginia Resources Authority to establish a program to use the Fund to subsidize the purchase of flood insurance by low-income Virginians. Such program shall include an application process, application guidelines, and a ranking system that prioritizes the use of the Fund to support the purchase of flood insurance in the most flood-prone areas. HB 794 Link.
HB 1257 Drinking water supplies; maximum contaminant levels. Introduced by: Sam Rasoul. SUMMARY AS INTRODUCED: Directs the State Board of Health to adopt regulations establishing maximum contaminant levels (MCLs) in public drinking water systems for (i) PFOS, PFOA, and other PFAS compounds; (ii) chromium-6; and (iii) 1,4-dioxane. The bill requires such MCLs to be protective of public health, including the health of vulnerable subpopulations, and to be no higher than any MCL or health advisory adopted by the U.S. Environmental Protection Agency for the same contaminant. The bill directs the Board to consider certain studies in adopting such MCLs and to consider establishing other MCLs any time two or more other states set limits or issue guidance on a given contaminant. HB 1257 Link.
HB 1373 Flood Resiliency Clearing House Program. Introduced by: M. Keith Hodges. SUMMARY AS INTRODUCED: Directs the Department of Conservation and Recreation to develop a Flood Resiliency Clearing House Program for coordinating flood mitigation solutions. The bill requires the Clearing House to solicit flood mitigation solutions from the public; coordinate with other agencies to review submitted solutions; approve appropriate solutions, favoring those that manage both water quality and flooding and emphasize nature-based solutions; and disseminate approved flood mitigation solutions. HB 1373 Link.
SB 320 Virginia Community Flood Preparedness Fund; low-income loans, forgiveness of principal. Introduced by: Lynwood W. Lewis, Jr. SUMMARY AS INTRODUCED: Continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund for the purpose of creating a low-interest loan program to help inland and coastal communities that are subject to recurrent flooding. Moneys from the Fund may be used to mitigate future flood damage, with priority given to projects that implement community-scale mitigation activities or use nature-based solutions. Any locality using moneys from the Fund to provide loans may also forgive the principal of such loans, with the total amount of loans forgiven by all localities not to exceed 30 percent of the total amount appropriated to the Fund in that fiscal year. SB 320 Link.
SJ 27 Coastal Flooding, Joint Subcommittee on; continued, appropriations. Introduced by: Lynwood W. Lewis, Jr. SUMMARY AS INTRODUCED: Continues the Joint Subcommittee on Coastal Flooding for two additional years, through the 2021 interim. SJ 27 Link.

Freedom of Information Act (FOIA)

SB 138 Virginia Freedom of Information Act; FOIA officers, training and reporting requirements. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Adds regional public bodies to the types of public bodies that must designate a FOIA officer. The bill also changes the frequency for required FOIA officer training from annually to once during each consecutive period of two calendar years and provides that the name and contact information of a FOIA officer trained by legal counsel of a public body only needs to be submitted by July 1 of the initial year of training and updated if there are changes to that information. Current law requires this information to be submitted by July 1 of each year. SB 138 Link.
SB 139 Freedom of Information Advisory Act; training requirements. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Adds the option for in-person training sessions in addition to the current requirement of online training sessions for local elected officials provided by the Virginia Freedom of Information Advisory Council or a local government attorney. The bill also clarifies that “local elected officials” includes constitutional officers. SB 139 Link.
SB 153 Virginia Freedom of Information Act; cost estimates, response time. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Provides that if a requester asks for a cost estimate in advance of a Virginia Freedom of Information Act request, the time to respond is tolled for the amount of time that elapses between notice of the cost estimate and the response from the requester, and that if the public body receives no response from the requester within 30 days of sending the cost estimate, the request shall be deemed to be withdrawn. The bill clarifies that if a cost estimate exceeds $200 and the public body requires an advance deposit, the public body may require the requester to pay the advance deposit before the public body is required to process the request. This bill is a recommendation of the Virginia Freedom of Information Advisory Council. SB 153 Link.

Industrial Development Authorities

HB 1527 Conflict of Interests Act, State & Local Gov’t, and FOIA; training requirements for ex. directors. Introduced by: Michael J. Webert. SUMMARY AS INTRODUCED: Requires the executive director and members of each industrial development authority and economic development authority, as created by the Industrial Development and Revenue Bond Act, to take training on the provisions of the State and Local Government Conflict of Interests Act and the Freedom of Information Act at least once every two years. The bill requires such officials in office on July 1, 2020, to complete such training no later than December 31, 2020. Training on the Virginia Freedom of Information Act may be provided online by the Virginia Freedom of Information Advisory Council or the local government attorney. Training on the State and Local Government Conflict of Interests Act shall be provided by the Virginia Conflict of Interest and Ethics Advisory Council and may be provided online. The clerk of the respective governing body is responsible for maintaining training records. HB 1527 Link.
HB 1528 Conflict of Interests Act, State and Local Government; disclosure by executive directors & members. Introduced by: Michael J. Webert. SUMMARY AS INTRODUCED: Requires the executive director and members of each industrial development authority and economic development authority, as created under the authority of the Industrial Development and Revenue Bond Act, to file a Statement of Economic Interests (SOEI) with the clerk of the local governing body as a condition to assuming office and thereafter annually on or before February 1. The first disclosure form for the executive director and members of each industrial development authority and economic development authority will be due on August 1, 2020. Current law requires members of industrial development authorities and economic development authorities to file a Financial Disclosure Statement unless the governing body that appoints the members has required the members to file an SOEI. The bill makes the filing of an SOEI mandatory. Current law provides that any person who knowingly and intentionally makes a false statement of material fact on the SOEI is guilty of a Class 5 felony. HB 1528 Link.
SJ 13 Study; JLARC; the practices, procedures, and accountability of industrial development authorities. Introduced by: Amanda F. Chase. SUMMARY AS INTRODUCED: Directs the Joint Legislative Audit and Review Commission (JLARC) to study the practices, procedures, and accountability of industrial development authorities. In conducting its study, JLARC shall (i) collect information regarding the number, sizes, budgets, and locations of industrial development authorities throughout the Commonwealth; (ii) collect information regarding any moneys received by industrial development authorities, the source and final disposition of such moneys, and the level of control that local governing bodies have over the use of such moneys; (iii) make recommendations to enhance the level of supervision and accountability that local governing bodies have over the activities of industrial development authorities; (iv) collect information about opportunities for citizen engagement in pursuing and approving projects and make recommendations to enhance such engagement; and (vi) make other legislative recommendations as appropriate. SJ 13 Link.

Jails

SB 215 Review of death of inmates in local correctional facilities; report. Introduced by: David R. Suetterlein. SUMMARY AS INTRODUCED: Provides that the Board of Corrections shall publish, on its website, an annual report summarizing the jail death reviews conducted by the Board within that year. The bill provides that such report shall include any trends or similarities among the deaths of inmates in local correctional facilities and present recommendations on policy changes to reduce the number of deaths in local correctional facilities. SB 215 Link.

Liability

HB 127 Intentional or negligent infliction of injury or death; bystander claims for emotional distress. Introduced by: Jason S. Miyares. SUMMARY AS INTRODUCED: Provides that a bystander who witnesses, live and in-person, an event during which the intentional or negligent infliction of injury to or death of a victim occurs may recover damages for resulting emotional distress, proven by a preponderance of the evidence, with or without a physical impact or physical injury to the bystander, if (i) the bystander is related to the victim or (ii) although not related to the victim, the bystander is in close proximity to the victim at the time the event occurs and is aware that such event is causing injury to or the death of the victim. HB 127 Link.
HB 610 Limitations period; previously time-barred actions; sexual abuse; two-year time period to file. Introduced by: Jason S. Miyares. SUMMARY AS INTRODUCED: Creates a two-year time period, on or after July 1, 2020, but before July 1, 2022, within which persons previously time-barred from filing an action for injury to such person for sexual abuse occurring during the infancy or incapacity of such person due to the expiration of the statute of limitations may file such an action. HB 610 Link.
HB 870 Statute of limitations; sexual abuse. Introduced by: Jeffrey M. Bourne. SUMMARY AS INTRODUCED: Provides that, for a cause of action accruing on or after July 1, 2020, every action for injury to the person resulting from sexual abuse shall be brought within 20 years after the cause of action accrues. Under current law, such 20-year limitation period applies when the sexual abuse occurs during the infancy or incapacity of the person. HB 870 Link.
HB 1382 Control of firearms in local government buildings; waiver of sovereign immunity. Introduced by: Jeffrey L. Campbell. SUMMARY AS INTRODUCED: Provides that any locality that adopts an ordinance or policy that generally prohibits firearms, ammunition, or components or combination thereof in any building owned or used by such locality for governmental purposes shall waive its sovereign immunity protection with regard to any civil claim for damages brought by an individual who claims his injuries are the result, at least in part, of such ordinance or policy. In such instance, a locality will be subject to an ordinary negligence standard for its invitees. HB 1382 Link.

Line of Duty Act

HB 51/SB 40 Line of Duty Act; eligible dependents. Introduced by: Barry D. Knight/Bill De Steph. SUMMARY AS INTRODUCED: Provides that children born or adopted after the death or disability of an employee covered by the Line of Duty Act are eligible for health insurance coverage if such coverage does not result in a premium increase. Under current law, such children are not eligible regardless of the effect on premiums. HB 51 Link, SB 40 Link.
SB 168 Line of Duty Act; requiring Virginia licensed health practitioners to conduct medical reviews. Introduced by: Bill DeSteph. SUMMARY AS INTRODUCED: Requires that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act (LODA), the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in Virginia. The bill has a delayed effective date of July 1, 2021. SB 168 Link.

Local Authority

HB 284 Removal of dangerous roadside conditions; local option. Introduced by: Joshua G. Cole (Elect). SUMMARY AS INTRODUCED: Authorizes any locality, by ordinance, to require the owner of any property located within five feet of any public right-of-way to remove any and all trees, tree limbs, shrubs, high grass, or other substance that might dangerously obstruct the line of sight of a driver, be involved in a collision with a vehicle, or interfere with the safe operation of a vehicle. HB 284 Link.
HB 311 Local regulation of unmanned aerial systems. Introduced by: Wendy W. Gooditis. SUMMARY AS INTRODUCED: Authorizes a political subdivision to adopt time, place, or manner restrictions regarding the takeoff or landing of unmanned aerial systems on property owned by the political subdivision. HB 311 Link.
HB 325 Local alternative minimum wage. Introduced by: Mark H. Levine. SUMMARY AS INTRODUCED: Establishes a procedure by which a local alternative minimum wage may be imposed in any locality. A local alternative minimum wage requires every employer to pay to each of its employee’s wages at a rate to be determined by local ordinance for work performed by them within the locality. If the federal minimum wage exceeds the levels specified in a local alternative minimum wage requirement, the federal minimum wage will prevail. The measure also provides that the Virginia minimum wage applies to persons whose employment is covered by the FLSA and to public employees. HB 325 Link.
HB 421 Control of firearms by localities. Introduced by: Marcia S. “Cia” Price. SUMMARY AS INTRODUCED: Grants localities authority to adopt or enforce an ordinance, resolution, or motion governing the possession, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof in the locality. Various provisions limiting such authority are repealed. Provisions limiting the authority of localities and state governmental entities to bring lawsuits against certain firearms manufacturers and others are also repealed. The bill also provides an exception to the requirement that an ordinance enacted regarding the disposition of certain firearms acquired by localities must provide that any firearm received be offered for sale by public auction or sealed bids to a person licensed as a dealer. The bill allows such ordinance to provide that if the individual surrendering the firearm requests in writing that the firearm be destroyed, then such firearm will be destroyed by the locality. HB 421 Link.
HB 571 Purchase or construction of rental housing by localities. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Provides that any locality may by ordinance establish a program to purchase or construct housing and to rent such housing to residents. The rent charged for such housing shall not exceed the higher of 85 percent of the market rate for a similar housing unit, or 115 percent of the actual cost of operation, defined in the bill, of the housing unit offered for rent. HB 571 Link.
HB 621 Speed monitoring systems; local ordinances. Introduced by: Rodney T. Willett. SUMMARY AS INTRODUCED: Provides that a locality may, by ordinance, establish a speed enforcement program utilizing an automated speed monitoring system that creates recorded images of vehicles traveling at least 10 miles per hour in excess of the maximum applicable speed limit. The penalty imposed for violating applicable speed limits where such violation is established by recorded images produced by a speed monitoring system cannot exceed $50. The bill provides that a locality may install and operate a speed monitoring system only at residence districts, school crossing zones, and highway work zones. The procedures for operating a speed monitoring system and issuing summonses to violators and the rights of such violators, including the right to appeal to circuit court, parallel those currently in place for red light violations recorded by photo-monitoring systems at traffic lights. HB 621 Link.
HB 670 Door-locking mechanisms; locality-owned buildings. Introduced by: Mark L. Cole. SUMMARY AS INTRODUCED: Provides that no locality-owned building shall be prohibited from installing or using door-locking mechanisms on doors and windows for the purpose of preventing both ingress and egress in the event of a threat to the physical security of persons in such building. HB 670 Link.
HB 696 Local human rights ordinances; sexual orientation and gender identity. Introduced by: Danica A. Roem. SUMMARY AS INTRODUCED: Provides that localities may prohibit discrimination in housing, employment, public accommodations, credit, and education on the basis of sexual orientation and gender identity. HB 696 Link.
HB 742 Local regulation of unmanned aerial systems. Introduced by: David L. Bulova. SUMMARY AS INTRODUCED: Authorizes a political subdivision to adopt time, place, or manner restrictions regarding the takeoff or landing of unmanned aerial systems on property owned by the political subdivision. HB 742 Link.
HB 669 Carrying concealed handgun with a permit; employees of any agency of the Commonwealth. Introduced by: Mark L. Cole. SUMMARY AS INTRODUCED: Provides that, notwithstanding any other provision of law or any rule, regulation, or workplace policy to the contrary, an employee of any agency of the Commonwealth or a political subdivision thereof with a valid concealed handgun permit may possess or carry a concealed handgun at his workplace. The bill provides, however, that any agency of the Commonwealth or a political subdivision thereof may prohibit employees from possessing or carrying a concealed handgun at their workplace only if such agency of the Commonwealth or a political subdivision thereof has employed law-enforcement officers or armed security officers to provide protection at such workplace, and such officers are stationed within the workplace building during operating hours. HB 669 Link.
HB 1227 Local regulation of unmanned aerial systems. Introduced by: Dave A. LaRock. SUMMARY AS INTRODUCED: Authorizes a political subdivision to adopt time, place, or manner regulations regarding the takeoff or landing of unmanned aerial systems on property owned by the political subdivision, provided such regulations are narrowly tailored to protect the health, safety, and welfare of the public. Takeoff and landing regulations adopted by a political subdivision shall not apply to persons authorized by federal regulations to operate an unmanned aircraft system provided such system is operated in an otherwise lawful manner and consistent with federal regulations. A political subdivision shall annually report to the Department of Aviation any regulations adopted pursuant to this section. HB 1227 Link.
SB 198 Disposable plastic shopping bags; local option. Introduced by: Mamie E. Locke. SUMMARY AS INTRODUCED: Allows any locality by ordinance to prohibit the distribution, sale, or offer for sale of disposable plastic shopping bags to consumers. The bill exempts from any such prohibition reusable bags of a certain thickness, bags that are used to carry certain products, such as ice cream or newspapers, and garbage bags that are sold in multiples. SB 198 Link.

Procurement

HB 122/HB 358 Project labor agreements; public procurement. Introduced by: Jennifer Carroll Foy/Alfonso H. Lopez. SUMMARY AS INTRODUCED: Authorizes any state or local government, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, to require bidders to enter into or adhere to project labor agreements on the public works projects. HB 122 Link, HB 358 Link.
HB 847/HB 1300/SB 195 Virginia Public Procurement Act; statute of limitations on actions on construction contracts. Introduced by: Chris S. Runion/Chris L. Hurst/John A. Cosgrove, Jr. SUMMARY AS INTRODUCED: Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after completion of the work on the project, and provides that no action may be brought by a public body on a warranty or guaranty in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guaranty. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guaranties, or (ii) discovery of the defect or breach of warranty that gave rise to the action. The bill contains technical amendments. HB 847 Link, HB 1300 Link, SB 195 Link.

Public Safety (also see Workers’ Compensation)

HB 246 Local law-enforcement agencies; body-worn camera systems. Introduced by: Mark H. Levine. SUMMARY AS INTRODUCED: Requires localities to adopt and establish a written policy for the operation of a body-worn camera system, as defined in the bill, that follows identified best practices and is consistent with Virginia law and regulations, using as guidance the model policy established by the Department of Criminal Justice Services prior to purchasing or deploying a body-worn camera system. The bill also requires localities to make such policy available for public comment and review prior to its adoption. The bill requires the Department to establish a model policy for the operation of body-worn camera systems and the storage and maintenance of body-worn camera system records. HB 246 Link.
HB 262 Inquiry and report of immigration status; certain victims or witnesses of crimes. Introduced by: Alfonso H. Lopez. SUMMARY AS INTRODUCED: Prohibits officers or agents of any state or local law-enforcement agency from inquiring into the immigration status of a person who is (i) a victim of a crime or a parent or guardian of a minor victim of a crime or (ii) a person who is a cooperating witness in the investigation of a crime or the parent or guardian of a minor witness to a crime. HB 262 Link.
HB 420 Department of Emergency Management; responsibilities of political subdivisions. Introduced by: Marcia S. “Cia” Price. SUMMARY AS INTRODUCED: Directs the Department of Emergency Management (the Department) to ensure that the model school crisis and emergency management plan developed by the Board of Education in consultation with the Department is designed to include and reach individuals with limited English proficiency, disabilities, and other special needs. The bill also directs the Department to develop an emergency response plan to (i) address the needs of such individuals in the event of a disaster, including the provision of competent interpretation services and translated documents, and (ii) assist and coordinate with local agencies in developing similar emergency response plans for such individuals. The bill requires that every local and interjurisdictional emergency management agency include in its emergency operations plan provisions to ensure that adequate and timely emergency relief assistance, including competent interpretation services and translated documents, is provided to such individuals. The bill requires the governing body of each locality that is required to establish an alert and warning plan to ensure that such plan provides adequate and timely warnings for such individuals. The bill contains technical amendments. HB 420 Link.
HB 664 Exposure to a decedent’s body fluids; testing. Introduced by: Robert B. Bell. SUMMARY AS INTRODUCED: Provides that, in cases in which any law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider is directly exposed to body fluids of a deceased person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, the next of kin of the deceased person shall be deemed to have consented to testing of the decedent’s blood for infection with human immunodeficiency virus or hepatitis B or C viruses and release of such test results to the person who was exposed. Under current law, whenever a law-enforcement officer, salaried or volunteer firefighter, or salaried or volunteer emergency medical services provider is directly exposed to body fluids of a deceased person in a manner that may, according to the then current guidelines of the Centers for Disease Control and Prevention, transmit human immunodeficiency virus or hepatitis B or C viruses, consent for testing and release of the results must be obtained from the next of kin of the deceased person before testing may be initiated. HB 664 Link.
HB 893 Law enforcement; use of force; data collection and reporting requirement. Introduced by: Elizabeth R. Guzman. SUMMARY AS INTRODUCED: Requires state and local law-enforcement officers to collect data on use of force incidents involving law enforcement and forward the data to the Superintendent of State Police, which the Department of State Police shall include in the annual Crime in Virginia report. Such incidents include the following: (i) any fatality to a civilian; (ii) any serious bodily injury to a civilian; or (iii) in the absence of either death or serious injury, a discharged firearm by a state or local law-enforcement officer at or in the direction of a person. The bill specifies information required to be included in such incident report. HB 893 Link.
HB 1250 Community Policing Act; data collection and reporting requirement. Introduced by: Luke E. Torian. SUMMARY AS INTRODUCED: The bill directs the Department of State Police 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 use the database to collect and analyze 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: (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. Each state and local law-enforcement agency shall also collect and report to the State Police the number of complaints the agency receives alleging the use of excessive force. The Superintendent of State Police shall 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 to the Department of State Police. 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. HB 1250 Link.
SB 152 Auxiliary police officers; calling into service by a locality. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Clarifies that a locality may call into service or provide for calling into service auxiliary police officers at any time for the purpose of assisting in or providing school security services to Virginia public elementary and secondary schools. SB 152 Link.
SB 813 Virginia High Speed Chase Alert Program. Introduced by: Joseph D. Morrissey. SUMMARY AS INTRODUCED: Creates a program for local, regional, or statewide notification of a high speed chase, defined in the bill as an active attempt by an on-duty law-enforcement officer while driving a conspicuously marked law-enforcement vehicle to apprehend or stop another moving motor vehicle and the driver of such other vehicle is resisting apprehension by maintaining or increasing his speed or by ignoring the law-enforcement officer’s attempt to stop such vehicle, and the ongoing pursuit poses a credible threat to the health and safety of other motor vehicle operators or the general public and under such other circumstances as deemed appropriate by the Virginia State Police. SB 813 Link.
SB 924 Workers’ compensation; post-traumatic stress disorder, law-enforcement officers and firefighters. Introduced by: John A. Cosgrove, Jr. SUMMARY AS INTRODUCED: Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers’ Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual’s undergoing a qualifying event, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. Other conditions for compensability include (i) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (ii) if the law-enforcement officer’s or firefighter’s undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) if the post-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 measure establishes procedural requirements on employers that contest a claim for such benefits. The measure also establishes requirements for resilience and self-care technique training. SB 924 Link.

Schools

HB 8/SB 3 Disorderly conduct in public places; school activities. Introduced by: Jeffrey M. Bourne/Jennifer McClellan. SUMMARY AS INTRODUCED: Eliminates the Class 1 misdemeanor for disrupting willfully or while intoxicated, whether willfully or not, the operation of any school or any school activity conducted or sponsored by any school if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed. HB 8 Link, SB 3 Link.
HB 36 Student journalists; freedom of speech and the press. Introduced by: Chris L. Hurst. SUMMARY AS INTRODUCED: Declares that, except in certain limited circumstances, a student journalist at a public middle school or high school or public institution of higher education has the right to exercise freedom of speech and the press in school-sponsored media, including determining the news, opinion, feature, and advertising content of school-sponsored media, regardless of whether the media is supported financially by the school board or governing board, supported through the use of school or campus facilities, or produced in conjunction with a class or course in which the student is enrolled. The bill defines “school-sponsored media” as any material that is prepared, substantially written, published, or broadcast by a student journalist at a public middle school or high school or public institution of higher education under the direction of a student media adviser and distributed or generally made available to members of the student body. HB 36 Link.
HB 49 Students with disabilities, certain; feasibility of educational placement transition. Introduced by: Joseph P. McNamara. SUMMARY AS INTRODUCED: Requires the Department of Education and relevant local school boards to develop and implement a pilot program for the transition of students who are educated in private school settings pursuant to Individualized Education Programs to the appropriate public school setting in the relevant local school division for up to four years in two to eight local school divisions in the Commonwealth. In developing the pilot, the Department is required to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children’s Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The bill requires the Department of Education to make a report to the Governor, the Senate Committees on Education and Health and Finance, and the House Committees on Education and Appropriations on the findings of the pilot program after two and four years. HB 49 Link.
HB 134 Individualized education program teams; Department of Education to develop guidelines. Introduced by: Chris S. Runion. SUMMARY AS INTRODUCED: Requires the Department of Education to establish guidelines for individualized education program (IEP) teams to utilize when developing IEPs for children with disabilities to ensure that IEP teams consider the need for age-appropriate and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others. The bill requires each local school board, in developing IEPs for children with disabilities, in addition to any other requirements established by the Board, to ensure that IEP teams consider such guidelines. HB 134 Link.
HB 145 Public elementary and secondary schools; treatment of transgender students, policies. Introduced by: Marcus B. Simon. SUMMARY AS INTRODUCED: Requires the Department of Education to develop and make available to each school board, no later than December 31, 2020, model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to (i) compliance with applicable nondiscrimination laws; (ii) maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; (iii) prevention of and response to bullying and harassment; (iv) maintenance of student records; (v) identification of students; (vi) protection of student privacy and the confidentiality of sensitive information; (vii) enforcement of sex-based dress codes; and (viii) student participation in sex-specific school activities, events, and athletics and use of school facilities. The bill requires each school board to adopt, no later than the beginning of the 2021–2022 school year, policies that are consistent with but may be more comprehensive than such model policies developed by the Department of Education. HB 145 Link.
HB 226 Students who receive home instruction; participation in interscholastic programs. Introduced by: Nicholas J. Freitas. SUMMARY AS INTRODUCED: Prohibits public schools from joining an organization governing interscholastic programs that does not deem eligible for participation a student who (i) receives home instruction; (ii) has demonstrated evidence of progress for two consecutive academic years; (iii) is in compliance with immunization requirements; (iv) is entitled to free tuition in a public school; (v) has not reached the age of 19 by August 1 of the current academic year; (vi) is an amateur who receives no compensation but participates solely for the educational, physical, mental, and social benefits of the activity; (vii) complies with all disciplinary rules and is subject to all codes of conduct applicable to all public high school athletes; and (viii) complies with all other rules governing awards, all-star games, maximum consecutive semesters of high school enrollment, parental consents, physical examinations, and transfers applicable to all high school athletes. The bill provides that no local school board is required to establish a policy to permit students who receive home instruction to participate in interscholastic programs. The bill permits reasonable fees to be charged to students who receive home instruction to cover the costs of participation in such interscholastic programs, including the costs of additional insurance, uniforms, and equipment. The bill has an expiration date of July 1, 2025. HB 226 Link.
HB 256 Disorderly conduct; students. Introduced by: Michael P. Mullin. SUMMARY AS INTRODUCED: Provides that a student at any elementary or secondary school is not guilty of disorderly conduct in a public place if the disorderly conduct occurred on school property or a school bus. HB 256 Link.
HB 270 Public schools; lock-down drills; notice to parents. Introduced by: Schuyler T. VanValkenburg. SUMMARY AS INTRODUCED: Requires every public school to provide the parents of enrolled students with at least 24 hours’ notice before the school conducts any lock-down drill. The bill specifies that no such notice is required to include the exact date and time of the lock-down drill. HB 270 Link.
HB 271 Public schools; school resource officers and school security officers; data. Introduced by: Schuyler T. VanValkenburg. SUMMARY AS INTRODUCED: Public schools; school resource officers and school security officers; data. Requires the Department of Criminal Justice Services, in coordination with the Department of Education and the Department of Juvenile Justice, to annually collect, report, and publish data related to incidents involving students and school resource officers or school security officers. The bill also requires the Virginia Center for School and Campus Safety to analyze and disseminate submitted data. HB 271 Link.
HB 292 School boards and local law-enforcement agencies; memorandums of understanding; frequency of review. Introduced by: Schuyler T. VanValkenburg. SUMMARY AS INTRODUCED: Shortens from every five years to every two years the frequency of the review period for memorandums of understanding between schoolboards and local law-enforcement agencies. The bill also requires local school boards to conspicuously publish the current division memorandum of understanding on its division website and provide notice and opportunity for public input and discussion during each memorandum of understanding review period. HB 292 Link.
HB 351 School bus drivers; critical shortages. Introduced by: Robert B. Bell. SUMMARY AS INTRODUCED: Requires the Superintendent of Public Instruction, with the assistance of each school board or division superintendent, to survey each local school division to identify critical shortages of school bus drivers by geographic area and local school division and to report any such critical shortage to each local school division and to the Virginia Retirement System. The bill permits any school bus driver in any geographic area or school division in which a critical shortage of school bus drivers has been so identified to elect to continue to receive a service retirement allowance if the driver meets certain other conditions. HB 351 Link.
HB 352 Virginia Fusion Intelligence Center; school safety mobile application. Introduced by: Glenn R. Davis. SUMMARY AS INTRODUCED: Requires the Virginia Fusion Intelligence Center to develop or obtain a school safety mobile application to(i) facilitate the provision of free, confidential, real-time, 24-hours-a-day, seven-days-a-week crisis intervention services by licensed clinicians, including support or crisis counseling, suicide prevention, and referral services to students and youth in the Commonwealth through calls, texts, and online chats, and (ii) provide to students and youth in the Commonwealth a platform that is capable of receiving text, audio, images, and video to submit confidential tips concerning bullying, threats of school violence, and other school-related safety concerns. The bill requires the Department of Medical Assistance Services to provide the Center with data and other information necessary to ensure that the school safety mobile application is integrated with any existing crisis intervention phone hotline. HB 352 Link.
HB 365 Public elementary and secondary school teachers; probationary term of service; performance. Introduced by: Jennifer Carroll Foy. SUMMARY AS INTRODUCED: Removes (i) the option for local school boards to extend the three-year probationary term of service for teachers by up to two additional years and (ii) the prohibition against school boards reemploying any teacher whose performance evaluation during the probationary term of service is unsatisfactory. HB 365 Link.
HB 387 Handheld personal communications devices; use in school zones and school property, penalty. Introduced by: James E. Edmunds, II. SUMMARY AS INTRODUCED: Adds school crossing zones and school property to the locations in which a driver is prohibited from holding a handheld personal communications device in his hand while driving a motor vehicle, with certain exceptions. The bill provides that a violation is punishable by a mandatory fine of $250. Current law prohibits (i) the reading of an email or text message on the device and manually entering letters or text in the device as a means of communicating and (ii) the holding of a handheld personal communication device in a highway work zone, with the same exceptions. HB 387 Link.
HB 424 Requiring a school resource officer in every school; School Resource Officer Supplementary Fund. Introduced by: John J. McGuire, III. SUMMARY AS INTRODUCED: Requires each local school board to place a school resource officer in each public elementary and secondary school. The bill provides that 44 percent of revenues from taxes on alcohol licenses, distilled spirits, and beer and wine coolers shall accrue to the School Resource Officer Supplementary Fund, created by the bill, which would be used to fund the costs of the school resource officer requirement. HB 424 Link.
HB 570/SB 167 Teachers, public school; unsatisfactory performance evaluations, grounds for dismissal. Introduced by: Elizabeth R. Guzman/Barbara A. Favola. SUMMARY AS INTRODUCED: Removes receipt of one or more unsatisfactory performance evaluations from the list of factors that “incompetency” may be construed to include for the purpose of establishing grounds for the dismissal of public school teachers. HB 570 Link, SB 167 Link.
HB 718 School resource officers; custodial interrogation; parental consent. Introduced by: David A. Reid. SUMMARY AS INTRODUCED: Prohibits each school resource officer from conducting a custodial interrogation, which the bill defines as any interview of a public elementary or secondary school student conducted by a school resource officer in such circumstances that would lead a reasonable person to consider himself to be in custody associated with arrest and during which the school resource officer takes actions or asks questions that are reasonably likely to elicit responses from the student that could incriminate him, without the written consent of the student’s parent. HB 718 Link.
HB 797 Local school boards; lead testing; report; parental notification. Introduced by: Alex Q. Askew. SUMMARY AS INTRODUCED: Requires each local school board to submit its plan to test and remediate certain potable water sources and report the results of any such test to the Department of Health. The bill also requires local school boards to take all necessary steps to notify parents if testing results indicate lead contamination that exceeds the maximum contaminant level goals set by the U.S. Environmental Protection Agency. HB 797 Link.
HB 897 School resource officers; memorandums of understanding. Introduced by: Elizabeth R. Guzman. SUMMARY AS INTRODUCED: The bill requires that the required memorandum of understanding entered into by a local school board and local law-enforcement agency be consistent with the model memorandum of understanding developed by the Virginia Center for School and Campus Safety. The bill requires that the model memorandum contain provisions that prohibit school resource officers from (i) conducting a search of a student’s person or property while on school property unless such resource officer has probable cause to conduct such a search and either has a judicial warrant authorizing the search or has identified exigent circumstances necessitating a warrantless search; (ii) participating in any request for assistance from a federal agency without a subpoena or warrant; (iii) inquiring as to whether a student was born in a country other than the United States or is a citizen of a country other than the United States, unless such inquiry is in connection with an kidnapping or extortion investigation; and (iv) absent exigent circumstances, questioning any student without prior notification to the parent or guardian of such student’s right to refuse to be questioned or searched. The bill also provides that the model memorandum of understanding shall contain provisions regarding the use of translators or appropriate guardians to assist students in responding to questions from a school resource officer. The bill requires each such school board and local law-enforcement agency to review the memorandum of understanding every four years or at any time upon request of either party. The bill provides that such memorandum shall be made available for public review and comment at least 30 days prior to its adoption. The bill also redefines school resource officer to specifically prohibit a school resource officer from investigating or enforcing violations of school board policies, including student conduct codes. HB 897 Link.
SB 54 Virginia Retirement System; retired law-enforcement officers employed as school security officers. Introduced by: John A. Cosgrove, Jr. SUMMARY AS INTRODUCED: Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer. SB 54 Link.
SB 98 Public elementary & secondary school teachers; probationary term of service, performance evaluation. Introduced by: Mamie E. Locke. SUMMARY AS INTRODUCED: Removes (i) the option for local school boards to extend the three-year probationary term of service for teachers by up to two additional years and (ii) the prohibition against school boards reemploying any teacher whose performance evaluation during the probationary term of service is unsatisfactory. SB 98 Link.
HB 1326 Teachers; probation and dismissal. Introduced by: Kaye Kory. SUMMARY AS INTRODUCED: Specifies that a teacher may be placed on probation for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or a crime of moral turpitude, or other good and just cause. The bill replaces the current condition constituting incompetency, for the purposes of teacher employment, of one or more unsatisfactory performance evaluations with the condition of more than one unsatisfactory performance evaluation or one unsatisfactory performance evaluation coupled with a finding by the division superintendent that the teacher (i) exhibited a pattern of poor performance or (ii) failed to respond to efforts to improve his performance. The bill extends from 10 business days to 15 business days the deadline for a teacher to request a hearing after receiving written notice of a recommendation of dismissal. The bill also staggers by 10 days (a) the opportunity for a teacher recommended for dismissal to inspect and copy his personnel file and all other documents relied upon in reaching the decision to recommend dismissal and (b) the opportunity for the division superintendent to inspect and copy the documents to be offered in rebuttal to the decision to recommend dismissal. The bill also extends from 15 business days to 30 business days the deadline for the school board or hearing officer to set a hearing after a request for a hearing by a teacher recommended for dismissal. HB 1326 Link.
SB 132 Public schools; electives on the Hebrew Scriptures/Old Testament and the New Testament. Introduced by: Amanda F. Chase. SUMMARY AS INTRODUCED: Requires the Board of Education to authorize local school boards to offer as an elective in grades nine through 12 with appropriate credits toward graduation a course on the Hebrew Scriptures/Old Testament of the Bible or the New Testament of the Bible or a combined course on both. The bill requires the Board of Education to develop Standards of Learning and curriculum guidelines for such courses. The bill provides that the purpose of such courses is to introduce students to biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy. The bill prohibits students from being required to use a specific translation of a religious text when taking the courses and provides that such courses shall maintain religious neutrality and shall not endorse, favor, promote, disfavor, or show hostility toward any particular religion or nonreligious perspective. SB 132 Link.
SB 134 School boards; planning time and planning periods for elementary school teachers. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Requires each local school board to ensure that each elementary school teacher has an average of one 45-minute period per school day of planning time and that each middle and high school teacher is provided one planning period per school day or the equivalent, which shall be at least 45 minutes or one class period, whichever is longer. The bill permits local school boards and teachers to enter into an appropriate contractual arrangement providing for compensation in lieu of such planning time or period. Under current law, public elementary school teachers are guaranteed at least an average of 30 minutes of planning time per school day during a school week. SB 134 Link.
SB 151 School personnel; staffing ratios, school nurses. Introduced by: Richard H. Stuart. SUMMARY AS INTRODUCED: Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division or at least one full-time equivalent school nurse position per 550 students in grades kindergarten through 12. SB 151 Link.
SB 161 Public elementary and secondary schools; treatment of transgender students, policies. Introduced by: Jennifer B. Boysko. SUMMARY AS INTRODUCED: Requires the Department of Education to develop and make available to each school board, no later than December 31, 2020, model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to (i) compliance with applicable nondiscrimination laws; (ii) maintenance of a safe and supportive learning environment free from discrimination and harassment for all students; (iii) prevention of and response to bullying and harassment; (iv) maintenance of student records; (v) identification of students; (vi) protection of student privacy and the confidentiality of sensitive information; (vii) enforcement of sex-based dress codes; and (viii) student participation in sex-specific school activities, events, and athletics and use of school facilities. The bill requires each school board to adopt, no later than the beginning of the 2021-2022 school year, policies that are consistent with but may be more comprehensive than such model policies developed by the Department of Education. SB 161 Link.
SB 170 Public schools; school resource officers and school security officers, data. Introduced by: Mamie E. Locke. SUMMARY AS INTRODUCED: Requires the Department of Criminal Justice Services, in coordination with the Department of Education and the Department of Juvenile Justice, to annually collect, report, and publish data related to incidents involving students and school resource officers or school security officers. The bill also requires the Virginia Center for School and Campus Safety to analyze and disseminate submitted data. SB 170 Link.
SB 171 School resource officers and school security officers; training standards. Introduced by: Mamie E. Locke. SUMMARY AS INTRODUCED: Requires school resource officers and school security officers to receive training specific to the role and responsibility of a law-enforcement officer working with students in a school environment that includes training on (i) relevant state and federal laws; (ii) school and personal liability issues; (iii) security awareness in the school environment; (iv) mediation and conflict resolution, including de-escalation techniques; (v) disaster and emergency response; (vi) awareness of cultural diversity and implicit bias; (vii) working with students with disabilities, mental health needs, substance abuse disorders, or past traumatic experiences; and (viii) student behavioral dynamics, including current child and adolescent development and brain research. SB 171 Link.
SB 221 School boards and local law-enforcement agencies; memorandums of understanding; frequency of review. Introduced by: Mamie E. Locke. SUMMARY AS INTRODUCED: Shortens from every five years to every two years the frequency of the review period for memorandums of understanding between school boards and local law-enforcement agencies. The bill also requires local school boards to conspicuously publish the current division memorandum of understanding on its division website and provide notice and opportunity for public input and discussion during each memorandum of understanding review period. SB 221 Link.
SB 324 School bus drivers; critical shortages. Introduced by: R. Creigh Deeds. SUMMARY AS INTRODUCED: Requires the Superintendent of Public Instruction, with the assistance of each school board or division superintendent, to survey each local school division to identify critical shortages of school bus drivers by geographic area and local school division and to report any such critical shortage to each local school division and to the Virginia Retirement System. SB 324 Link.
SB 410 Public school buildings; testing for Legionella bacteria; review; report. Introduced by: Ghazala F. Hashmi. SUMMARY AS INTRODUCED: Requires each school board to test each public school building in the local school division for the presence of Legionella bacteria at such regular intervals as the school board deems necessary to maintain the health and decency of such buildings. The bill requires the Department of Education to make recommendations for the frequency of testing for the presence of Legionella bacteria in public school buildings and to notify each local school board of its recommendations no later than September 1, 2020. The bill also requires each public elementary and secondary school to maintain files of its Legionella bacteria test results and make such files available for review and the division superintendent to report such results to the Department of Health. SB 410 Link.

Weapons

HB 939/SB 129 Public schools; firearm safety education program. Introduced by: Michael J. Webert/Thomas K. Norment, Jr. SUMMARY AS INTRODUCED: Requires local school boards to provide firearm safety education programs for students in all grades. The bill requires (i) the Board of Education to establish curriculum guidelines for the program, in consultation with the Department of Criminal Justice Services; (ii) school boards to offer a minimum of two hours of instruction consistent with such guidelines; and (iii) that the program be taught by a school resource officer, other law-enforcement officer, or a United States Armed Forces instructor. The bill prohibits the use of firearms in the program. Current law allows local school boards to provide a firearm safety education program for students in the elementary grades and does not specify who may instruct such program. HB 939 Link, SB 129 Link.
HB 1312 Local government buildings; dangerous weapons; penalty. Introduced by: Kaye Kory. SUMMARY AS INTRODUCED: Prohibits the possession or transport of (i) guns or other weapons designed or intended to propel a missile or projectile of any kind; (ii) frames, receivers, mufflers, silencers, missiles, projectiles, or ammunition designed for use with a dangerous weapon; or (iii) certain other dangerous weapons in any building owned or used by a locality for governmental purposes in the Commonwealth. A violation is punishable as a Class 1 misdemeanor. Currently, the possession or transport of such weapons is prohibited in any courthouse. HB 1312 Link.
HB 1510/SB 825 Carrying weapon into building owned or used by the Commonwealth or political subdivision thereof. Introduced by: Delores L. McQuinn/Amanda F. Chase. SUMMARY AS INTRODUCED: Makes it a Class 1 misdemeanor for a first or second offense for a person to transport any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon; or (iii) other dangerous weapon into a building owned or used by the Commonwealth or any agency or political subdivision thereof for governmental purposes. The bill provides exceptions for law-enforcement officers, conservators of the peace, magistrates, court officers, judges, city or county treasurers, commissioners or deputy commissioners of the Virginia Workers’ Compensation Commission, authorized security personnel, and active military personnel while in the conduct of such individuals’ official duties. The bill requires that notice of the provisions prohibiting the carrying of such weapons be posted at each public entrance to all buildings owned or leased by the Commonwealth or any agency or political subdivision thereof. A third or subsequent offense of this or certain other firearms offenses is punishable as a Class 6 felony. HB 1510 Link, SB 825 Link.
SB 173 Stun weapons; prohibits possession on school property, exempts holder of concealed handgun permit. Introduced by: Emmett W. Hanger, Jr. SUMMARY AS INTRODUCED: Allows the holder of a valid concealed handgun permit to possess a stun weapon on school property while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. SB 173 Link.

Workers’ Compensation

HB 44/HB 733/HB 783/SB 9/SB 58 Workers’ compensation; presumption of compensability for certain diseases. Introduced by: Emily M. Brewer/David A. Reid/Alex Q. Askew/Richard Saslaw/John Cosgrove. SUMMARY AS INTRODUCED: Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers’ Compensation Act when firefighters or certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. HB 44 Link, HB 733 Link, HB 783 Link, SB 9 Link, SB 58 Link.
HB 45 Workers’ compensation; retaliatory discharge of employee. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Prohibits an employer or other person from discharging an employee if the discharge is motivated to any extent by knowledge or belief that the employee has filed a claim or taken or intends to take certain other actions under the Virginia Workers’ Compensation Act. Currently, retaliatory discharges are prohibited only if the employer or other person discharged an employee solely because the employee has taken or intends to take such an action. HB 45 Link.
HB 46 Workers’ compensation; employer to notify employee of intent. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Requires an employer whose employee has filed a claim under the Virginia Workers’ Compensation Act to advise the employee whether the employer intends to accept or deny the claim or is unable to make such a determination because it lacks sufficient information from the employee within 21 days. If the employer is unable to make such a determination because it lacks sufficient information from the employee, the employer shall so state and identify the needed additional information. If the employer intends to deny the claim, it shall provide the reasons. HB 46 Link.
HB 47 Workers’ compensation; foreign injuries. Introduced by: Lee J. Carter. SUMMARY AS INTRODUCED: Provides that an injured employee is eligible for benefits under the Virginia Workers’ Compensation Act when a compensable accident happens while the employee is employed outside Virginia if (i) the employment contract was not expressly for services exclusively to be performed outside Virginia and (ii) either the employer’s place of business is in Virginia or the employee regularly performs work on the employer’s behalf in Virginia and resides in Virginia. HB 47 Link.
HB 52 Workers’ compensation; occupational disease presumption, emergency medical technicians. Introduced by: Barry D. Knight. SUMMARY AS INTRODUCED: Establishes a presumption that hypertension or heart disease causing the death or disability of full-time salaried emergency medical technicians employed by the City of Virginia Beach is an occupational disease compensable under the Workers’ Compensation Act. HB 52 Link.
HB 121 Workers’ compensation; presumption of compensability for certain diseases. Introduced by: Jennifer Carroll Foy. SUMMARY AS INTRODUCED: Adds cancers of the colon, brain, and testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers’ Compensation Act when firefighters and certain employees develop the cancer. HB 121 Link.
HB 169 Workers’ compensation; occupational disease presumption, correctional officers. Introduced by: Roslyn C. Tyler. SUMMARY AS INTRODUCED: Adds correctional officers to the list of public safety employees who are entitled to a presumption that certain infectious diseases are compensable occupational diseases. HB 169 Link.
HB 438 Workers’ compensation; post-traumatic stress disorder, law-enforcement officers and firefighters. Introduced by: Steve E. Heretick. SUMMARY AS INTRODUCED: Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers’ Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual’s undergoing a qualifying event, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. Other conditions for compensability include (i) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (ii) if the law-enforcement officer’s or firefighter’s undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) if the post-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 measure establishes procedural requirements on employers that contest a claim for such benefits. The measure also establishes requirements for resilience and self-care technique training. HB 438 Link.
HB 617 Workers’ compensation; repetitive motion injuries. Introduced by: Elizabeth R. Guzman. SUMMARY AS INTRODUCED: Provides that a physical injury, including the condition of carpal tunnel syndrome, that results from repetitive motion shall be treated as an injury by accident for purposes of the Virginia Workers’ Compensation Act. The bill also removes a provision that declares carpal tunnel syndrome to be an ordinary disease of life. HB 617 Link.
HB 649 Workers’ compensation; occupational disease presumption, police dispatchers. Introduced by: Ronnie R. Campbell. SUMMARY AS INTRODUCED: Establishes a presumption that hypertension or heart disease causing the death or disability of full-time salaried police dispatchers is an occupational disease compensable under the Workers’ Compensation Act. HB 649 Link.
SB 227 Virginia Workers’ Compensation Commission; review and adjust fee schedules annually. Introduced by: Lionell Spruill, Sr. SUMMARY AS INTRODUCED: Requires the Virginia Workers’ Compensation Commission to review and adjust the Virginia fee schedules annually. Under current law, such review is required biennially. The bill also requires the Commission, in its review conducted in 2020, to adjust the fee schedules to reflect the inflation or deflation for the years 2016, 2017, 2018, and 2020. SB 227 Link.
SB 265 Workers’ compensation; occupational disease presumptions. Introduced by: John J. Bell. SUMMARY AS INTRODUCED: Adds correctional officers and full-time sworn members of the enforcement division of the Department of Motor Vehicles to the list of public safety employees who are entitled to presumptions that hypertension, heart disease, and certain infectious diseases are occupational diseases compensable under the Virginia Workers’ Compensation Act. SB 265 Link.
SB 381 Workers’ compensation; presumption of compensability for certain diseases. Introduced by: Jeremy S. McPike. SUMMARY AS INTRODUCED: Adds cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers’ Compensation Act when firefighters and certain employees develop the cancer. The measure also incorporates some of the recommendations of the 2019 study of the workers’ compensation system and disease presumptions conducted by the Joint Legislative Audit and Review Commission by (i) reducing the required number of years of service from 12 to five; (ii) removing the requirement that the employee’s years of service be continuous; and (iii) providing that an eligible employee may meet the toxic exposure requirement by demonstrating either exposure to a toxic substance, as is currently required, or participation in responses to fire scenes, either during the fire or afterward as part of clean-up or investigation. The measure also removes the definition of a “toxic substance” as one that is a known or suspected carcinogen as defined by the International Agency for Research on Cancer. SB 381 Link.
SB 561 Workers’ compensation; post-traumatic stress disorder, law-enforcement officers and firefighters. Introduced by: Jill Holtzman Vogel. SUMMARY AS INTRODUCED: Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers’ Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual’s undergoing a qualifying event, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. Other conditions for compensability include (i) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (ii) if the law-enforcement officer’s or firefighter’s undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) if the post-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 measure establishes procedural requirements on employers that contest a claim for such benefits. The measure also establishes requirements for resilience and self-care technique training. SB 561 Link.
SB 741 Workers’ compensation; occupation disease presumptions, PTSD. Introduced by: Jeremy S. McPike. SUMMARY AS INTRODUCED: Establishes a presumption that if certain firefighters, law-enforcement officers, hazardous materials officers, animal protection police officers, or 9-1-1 emergency call takers, dispatchers, or similarly situated employees (i) receive a diagnosis of post-traumatic stress disorder (PTSD) from a licensed physician, licensed clinical psychologist, licensed professional counselor, or licensed clinical social worker; (ii) suffer death or any impairment resulting in total or partial disability from work caused by the PTSD; and (iii) receive a statement from such a provider that the PTSD was caused by a single critical event or multiple exposures to critical events that occurred in the course of the employment, then the PTSD is an occupational disease, suffered in the line of duty, that is covered by the Virginia Workers’ Compensation Act unless such presumption is overcome by a preponderance of competent evidence to the contrary. The measure provides that a “critical event” includes an event that results in serious injury or death to an individual; deals with a minor who has been injured, killed, abused, exploited, or a victim of a crime; deals with mass casualties; results in injury to or the death of a coworker; involves an immediate threat to the life of the claimant or another individual; or involves the abuse, cruelty, injury, exploitation, or death of an animal. SB 741 Link.

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