Crossover Report

Yesterday was Crossover for the 2024 Session; this is the deadline for a bill to pass out of the chamber in which it was introduced and move to the opposite chamber. Starting today, the House and Senate will begin their work on bills that have passed out of the opposite chamber. There were 2,284 bills introduced this Session, not including House and Senate Resolutions. Of those introduced bills, almost 1,200 remain active after Crossover. 

This coming Sunday, February 18, is what is known as Budget Sunday. This is when both the House and the Senate Money Committees will each release their versions of the biennial budget, revealing which of the introduced budget amendments will be a part of the ongoing negotiations. After Sunday the negotiation between the House and Senate Budgets will continue through the Conference process. The House and Senate will continue to work through the budget and legislative process over the next several weeks, and are scheduled to adjourn Sine Die Saturday, March 9^th.

Breakdown of Legislation

Below is a breakdown of some to the key issue areas for the retail industry. Each area is then broken down into two sections; remaining active bills as well as bills that have been defeated. As always, your Virginia Retail Federation team will keep you informed on legislative issues throughout the remainder of the 2024 Session.

Minimum Wage, Tipped Wage, Sales Tax Holiday, ORC/Larceny, Spoliation, Sales Tax Exemption, Tax, Environment, Unemployment Compensation, Workers Comp, Product Ban, Tobacco, Employer Mandates, Paid Leave/Unpaid Leave, Consumer Protection/Privacy, Class Action, ABC, Cannabis, Energy, Miscellaneous

JUMP TO A SECTION

Minimum Wage

Active Bills

HB 1 and SB 1– ​​Minimum wage; increases wage to $13.50 per hour effective January 1, 2025

Passed the House 51-Y 49-N

Passed the Senate 21-Y 19-N

• Increases the minimum wage from the current rate of $12.00 per hour to $13.50 per hour effective January 1, 2025, and to $15.00 per hour effective January 1, 2026. The bill satisfies a reenactment clause included in Chapters 1204 and 1242 of the Acts of Assembly of 2020

Defeated Bills

HB 325 – Minimum wage and overtime wages; civil actions

Left in House Labor and Commerce Committee

Tipped Wage

Active Bills

HB 335 – Employment; determining wage of tipped employee

Passed the House 49-Y 47-N

• Provides that an employer shall increase the amount paid to its tipped employees by an amount determined by the employer in accordance with the federal Fair Labor Standards Act and that, notwithstanding any other provision of law, a tipped employee who regularly performs services in the course of his employment for which there is no reasonable expectation of receiving tips shall receive an amount not less than the minimum wage for the time that he performs such services. The bill provides that tipped employees shall receive a cash wage of not less than $3.50 per hour starting on January 1, 2025. Starting on January 1, 2026, a tipped employee shall receive a cash wage of not less than $4.75 per hour, and starting on January 1, 2027, the amount of cash wage shall be not less than $6.00 per hour. Starting January 1, 2028, tips shall be excluded from any determination of wage paid to a tipped employee and the amount paid to such employee shall be not less than the minimum wage.

Sales Tax Holiday

Active Bills

HB 25​​- Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August

Passed the House 98-Y 0-N

• Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on August 1, 2025. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment.

SB 116– Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August

Passed the Senate 31-Y 0-N

• Establishes an annual retail sales and use tax holiday that takes place on the first full weekend in August beginning on August 1, 2025. During such weekend, state retail sales and use tax will not apply to certain (i) school supplies, (ii) clothing and footwear, (iii) qualified products designated as Energy Star or WaterSense, (iv) portable generators, or (v) hurricane preparedness equipment.

Defeated Bills

HB 138 – Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August

Stricken from the docket by House Finance Committee 21-Y 0-N

SB 58 – Retail sales and use tax holiday; establishes an annual tax holiday that takes place in August

Incorporated into SB 116

ORC/Larceny

Active Bills

HB 1256 – Larceny offenses; venue

Passed the House 99-Y 0-N

• Allows grand larceny and embezzlement offenses to be prosecuted in any county or city where the victim of the larceny or embezzlement resides.

Defeated Bills

HB 209 – Organized retail theft; repeals crime and Organized Retail Crime Fund

Left in House Courts of Justice Committee

HB 399 – Larceny; punishment for conviction of second or subsequent misdemeanor, penalty

Left in House Courts of Justice Committee

SB 77 – Larceny; punishment for conviction of fourth or subsequent misdemeanor, penalty

Passed by indefinitely in Senate Courts of Justice Committee 8-Y 7-N

Sales Tax Increase – School Construction

Active Bills

SB 146– Sales and use tax, local; construction or renovation of schools in Prince Edward County

Passed the Senate 27-Y 11-N

• Adds Prince Edward County to the list of localities that, under current law, are authorized to impose an additional local sales and use tax at a rate not to exceed one percent, with the revenue used only for capital projects for the construction or renovation of schools.

HB 805 – Sales and use tax, local; additional tax authorized in all counties & cities to support schools

Passed the House 69-Y 28-N

• Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax.

SB 14– Sales and use tax, local; additional tax authorized in all counties & cities to support schools

Passed the Senate 27-Y 13-N

• Additional local sales and use tax to support schools; referendum. Authorizes all counties and cities to impose an additional local sales and use tax at a rate not to exceed one percent with the revenue used only for capital projects for the construction or renovation of schools if such levy is approved in a voter referendum. Under current law, only Charlotte, Gloucester, Halifax, Henry, Mecklenburg, Northampton, Patrick, and Pittsylvania Counties and the City of Danville are authorized to impose such a tax.

Defeated Bills

HB 60 – Sales and use tax, local; construction or renovation of schools in Prince Edward County

Left in House Finance Committee

HB 193 – Stafford County; authorized to impose an additional local sales tax for schools

Left in House Finance Committee

HB 458 – Sales and use tax, local; additional tax authorized in all counties & cities to support schools

Left in House Finance Committee

HB 600 – Sales and use tax, local; additional tax authorized in all counties & cities to support schools

Left in House Finance Committee

HB 616 – Sales tax; additional local tax for schools; City of Newport News

Left in House Finance Committee

Spoliation

Defeated Bills

SB 86 – Evidence; spoliation

Stricken from Senate Courts of Justice Committee Docket

Sales Tax Exemption

Defeated Bills

HB 540  Sales tax; exemption for food purchased for human consumption and essential personal hygiene

Continued to 2025 by House Finance Committee

HB 1536 – Sales and Use Tax, exemption for baby products

Continued to 2025 in House Finance Committee

SB 110– Sales tax; exemption for food purchased for human consumption and essential personal hygiene

Passed by Indefinitely in Senate Finance and Appropriations Committee 10-Y 5-N

SB 511 – Sales tax exemption; certain baby products

Passed by Indefinitely in Senate Finance and Appropriations Committee 15-Y 0-N

Tax

Active bills

HB 261 – Income tax, state; rolling conformity

Passed the House 99-Y 0-N

• Provides that when Virginia does not conform on a rolling basis to federal tax laws due to any changes in a single act of Congress with an impact of more than $15 million on revenues in the year in which the amendment was enacted or any of the next four years, such nonconformity shall not be considered for purposes of calculating the nonconformity threshold for all amendments in a year with a cumulative projected impact of more than $75 million in the year in which the amendments were enacted or any of the next four years.

Defeated Bills

HB 88 – Income tax, state; removes sunset on elevated standard deduction amounts

Continued to 2025 by House Finance Committee

SB 459 – Income tax, state; rolling conformity

Continued to 2025 by Senate Finance and Appropriations

HB 473 – Income tax, state; employer retention credit

Left in House Finance Committee

HB 541 – Income tax, state; deduction for qualified business income

Left in House Finance Committee

HB 551 – Income tax, Corporate; apportionment of income using single sales factor method

Left in House Finance Committee

HB 552 – Income tax, Corporate; sourcing of sales other than sales of tangible personal property

Continued to 2025 by House Finance Committee

HB 865 – Imposition of income tax

Continued to 2025 by House Finance Committee

HB 887 – Income taxes

Continued to 2025 by House Finance Committee

HB 889 – Sales and use tax on services

Continued to 2025 by House Finance Committee

HB 1281 – Income Tax; State; decreases certain taxes, increases amount of tax credit

Continued to 2025 by House Finance Committee

SB 632 – Income Tax; State; decreases certain taxes, increases amount of tax credit

Continued to 2025 by Senate Finance and Appropriations Committee

SB 108 – Income tax, state; standard deduction

Continued to 2025 by Senate Finance and Appropriations Committee

Environment

Active Bills

HB 4 – Plastic bag tax; distribution to towns

Passed the House 52-Y 45-N

• Provides that any town located within a county that has imposed a disposable plastic bag tax shall receive a distribution of revenues collected by the county based on the local sales tax distribution formula for appropriations to towns. The bill requires that towns use such revenues for the same purposes allowable for a county or city.

HB 1085 – Department of Environmental Quality; PFAS; identification; monitoring; PFAS Advisory Committee

Passed the House 99-Y 0-N

• Requires the owner or operator of a publicly owned treatment works to monitor PFAS levels, as defined in the bill, in effluent, influent, and biosolids at least quarterly and report all such monitoring data on an applicable discharge monitoring report required by federal regulations. The bill requires the Department of Environmental Quality (the Department), in certain circumstances, to develop a PFAS action plan to identify and address sources of certain PFAS detected in a public water system’s raw water source, perform outreach efforts regarding PFAS contamination, report annually on its activities, and work with certain entities in developing its PFAS action plans. The bill requires certain facilities that manufacture or use PFAS to report the use of such chemicals to the Department and to monitor such PFAS at least quarterly unless at another frequency at the direction of the Director of the Department.

The bill also directs the Department and the Virginia Department of Health to jointly establish a PFAS Advisory Committee to assist with PFAS-related activities and appoint such committee’s members to include legislative members and a wide range of nonlegislative citizen members and to report annually to the Governor and the General Assembly on the Committee’s activities and recommendations

SB 243– Department of Environmental Quality; PFAS; identification; monitoring; PFAS Advisory Committee

Passed the Senate 40-Y 0-N

• Requires the owner or operator of a publicly owned treatment works to monitor PFAS levels, as defined in the bill, in effluent, influent, and biosolids at least quarterly and report all such monitoring data on an applicable discharge monitoring report required by federal regulations. The bill requires the Department of Environmental Quality (the Department), in certain circumstances, to develop a PFAS action plan to identify and address sources of certain PFAS detected in a public water system’s raw water source, perform outreach efforts regarding PFAS contamination, report annually on its activities, and work with certain entities in developing its PFAS action plans. The bill requires certain facilities that manufacture or use PFAS to report the use of such chemicals to the Department and to monitor such PFAS at least quarterly unless at another frequency at the direction of the Director of the Department.

The bill also directs the Department and the Virginia Department of Health to jointly establish a PFAS Advisory Committee to assist with PFAS-related activities and appoint such committee’s members to include legislative members and a wide range of nonlegislative citizen members and to report annually to the Governor and the General Assembly on the Committee’s activities and recommendations.

Defeated Bills

HB 33 – Public drinking water; Commissioner of Health’s work group to study occurrence of microplastics

Continued to 2025 by House Rules Committee

HB 228 – Virginia Consumer Protection Act; recycling information on products

Continued to 2025 by House Labor and Commerce Committee

HB 245 – PFAS; facilities that have engaged in manufacture, etc., to produce report on use of chemicals

Incorporated into HB1085 by House Agriculture, Chesapeake, and Natural Resources Commitee

SB 462 – ​​Reports relating to PFAS; Department of Environmental Quality; one-time report

Incorporated into SB 243 by Senate Agriculture, Conservation and Natural Resources Committee

Unemployment Compensation

Active Bills

HB 14 – Unemployment compensation; employer’s failure to respond to requests for information, etc

Passed the House 99-Y 0-N

• Provides that an employer’s failure to respond timely or adequately to a written request for information relating to an unemployment claim results in a waiver of all of such employer’s rights in connection with the claim, including participation and appeal rights, unless such employer demonstrates that good cause exists for such failure. The bill requires the Virginia Employment Commission to provide written notice for each instance of untimely or inadequate employer response to such requests and specifies that such notice may be delivered through the Employer Self-Service Tax System website maintained by the Commission. The bill also requires the Commission to provide each employer with information regarding deadlines for timely and adequate responses to such requests. Such provisions of the bill apply to erroneous payments established on or after July 1, 2024. The bill also prohibits a deputy designated by the Commissioner to adjudicate unemployment claims from examining or considering facts contained within an employer’s untimely or inadequate response and requires that information or evidence from an employer or third party must be shared with the claimant, who must also be provided a reasonable opportunity to review and respond to such information or evidence. The bill requires such deputy to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. This bill is a recommendation of the Commission on Unemployment Compensation.

SB 381– Unemployment compensation; employer’s failure to respond to requests for information, etc

Passed the Senate 40-Y 0-N

• Provides that an employer’s failure to respond timely or adequately to a written request for information relating to an unemployment claim results in a waiver of all of such employer’s rights in connection with the claim, including participation and appeal rights, unless such employer demonstrates that good cause exists for such failure. The bill requires the Virginia Employment Commission to provide written notice for each instance of untimely or inadequate employer response to such requests and specifies that such notice may be delivered through the Employer Self-Service Tax System website maintained by the Commission. The bill also requires the Commission to provide each employer with information regarding deadlines for timely and adequate responses to such requests. Such provisions of the bill apply to erroneous payments established on or after July 1, 2024. The bill also prohibits a deputy designated by the Commissioner to adjudicate unemployment claims from examining or considering facts contained within an employer’s untimely or inadequate response and requires that information or evidence from an employer or third party must be shared with the claimant, who must also be provided a reasonable opportunity to review and respond to such information or evidence. The bill requires such deputy to provide the reasoning behind the decision, as described in the bill, and a short statement of case-specific facts material to the determination together with any notice of determination upon a claim. This bill is a recommendation of the Commission on Unemployment Compensation.

HB 938 – Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute

Passed the House 50-Y 47-N

• Amends the Virginia Unemployment Compensation Act’s labor dispute disqualification to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a final adjudication under the federal National Labor Relations Act that such representative has refused to bargain in good faith with the employer, or (iii) the lockout is the direct result of such representative’s violation of an existing collective bargaining agreement.

SB 542 – Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute

Passed the Senate 21-Y 19-N

• Amends the Virginia Unemployment Compensation Act’s labor dispute disqualification to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a final adjudication under the federal National Labor Relations Act that such representative has refused to bargain in good faith with the employer, or (iii) the lockout is the direct result of such representative’s violation of an existing collective bargaining agreement.

HB 1261 – Unemployment compensation; continuation of benefits; repayment of overpayments

Passed the House 49-Y 47-N

• Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered “without fault on the part of the individual” are outlined in the bill.

The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of the bill shall be incurred by federal administrative grants and the general fund.

Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges.

SB 536– Unemployment compensation; continuation of benefits; repayment of overpayments

Passed the Senate 40-Y 0-N

• Makes permanent provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive the obligation to repay any overpayment if (i) the overpayment was made without fault on the part of the individual receiving benefits and (ii) requiring repayment would be contrary to equity and good conscience. Conditions for when overpayments are considered “without fault on the part of the individual” are outlined in the bill.

The bill further provides that the Commission shall notify each person with an unpaid overpayment of benefits that he may be entitled to a waiver of repayment and provide 30 days to request such a waiver. This applies to outstanding overpayments established for claim weeks commencing on or after March 15, 2020. The bill allows the Commission to suspend or forgo referring any unpaid overpayment of benefits established since March 15, 2020, to the collections process indefinitely. The bill specifies that all costs that result from implementing provisions of the bill shall be incurred by federal administrative grants and the general fund.

Finally, the bill adds overpayments that the Commission has waived the requirement to repay to the list of situations where specific employers are not responsible for benefit charges.

SB 382 – Unemployment compensation; collection of overpayments; limitations

Passed the Senate 40-Y 0-N

• Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of three years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, or (iii) upon the claimant’s discharge in bankruptcy occurring subsequently to the determination of payment.

Defeated Bills

HB 82 – Unemployment compensation; maximum duration of benefits

Left in House Labor and Commerce Committee

Workers Comp

Active Bills

HB 205 – Workers’ compensation; prompt payment, limitation on claims

Passed the House 97-Y 0-N

• Prohibits an employer or workers’ compensation carrier from seeking recovery of a payment made to a health care provider for health care services rendered to a claimant, unless such recovery is sought less than one year from the date payment was made to the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.

The bill also prohibits a health care provider from submitting a claim to the Workers’ Compensation Commission contesting the sufficiency of payment for health care services rendered to a claimant unless such claim is filed within one year of the date the last payment is received by the health care provider. Under current law, such prohibition only applies to services rendered after July 1, 2014.

HB 974 – Workers’ compensation; presumption that certain injuries arose out of employment

Passed the House 54-Y 45-N

• Provides that in any claim for workers’ compensation, where the employee suffers an unexplained fall in the course of employment, it shall be presumed that the fall arose out of the employment, unless such presumption is overcome by a preponderance of competent evidence to the contrary.

SB 241 – Workers’ compensation; notice of right to dispute claim

Passed the Senate 29-Y 11-N

• Requires that when an employee’s workers’ compensation claim is denied, an employer or insurer shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers’ Compensation Commission.

Defeated Bills

HB 531 and SB 520– Workers’ compensation; injuries caused by repetitive and sustained physical stressors

Continued to 2025 by House Appropriations Committee

Continued to 2025 by Senate Finance and Appropriations Committee

HB 1300 – ‘Occupational disease’ defined

Left in House Labor and Commerce Committee

Product Ban

Active Bills

HB 47 – Invasive plant species; requirements for retail sales

Passed the House 52-Y 47-N

• Requires, for the retail sale of any invasive plant species on a list established by the Department of Conservation and Recreation, such plant be accompanied by conspicuous signage that identifies the plant as invasive and includes the words “Plant with caution: invasive plant species. May cause environmental harm. Ask about alternatives.”

SB 306 – Invasive plant species; retail sales; civil penalty

Passed the Senate 37-Y 3-N

• Requires, for the retail sale of any invasive plant species for outdoor use on a list established by the Department of Conservation and Recreation, such plant be accompanied by conspicuous signage that identifies the plant as invasive. The bill requires the Commissioner of Agriculture and Consumer Services to designate the format, size, and content of such signage no later than October 1, 2024, and requires the Commissioner to issue a stop sale order and mark or tag a plant in a conspicuous manner when an invasive plant is for sale at a retail outlet without appropriate signage. In such case, the bill requires the Commissioner to give written notice of a finding made to the owner, tenant, or person in charge of such retail outlet and requires the stop sale order issued to remain in effect until the required signage is posted. Any person who violates the provisions of the bill is subject to a civil penalty not to exceed $500.

HB 1167 – Local prohibition on the sale of English ivy; civil penalty

Passed the House 54-Y 45-N

• Authorizes any locality to adopt an ordinance prohibiting the sale of English ivy, with violations punishable by a civil penalty not to exceed $50 for a first violation and not to exceed $200 for a subsequent violation within 12 months.

Defeated Bills

HB 644 and SB 305 – Local prohibition or regulation of gas-powered leaf blowers; civil penalty

Left in House Counties Cities and Towns Committee

Continued to 2025 by Senate Local Government Committee

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Tobacco

HB 790 – Registration of tobacco products retailers; purchase, possession, and sale of retail tobacco

Passed the House 87-Y 12-N

• Prohibits any person from selling any retail tobacco product, as defined in the bill, at retail without first obtaining a permit from the Department of Taxation and prohibits such sale at a location within 1,000 feet of a youth-oriented facility, as defined in the bill. The bill prohibits Internet sales of retail tobacco products, except to a permit-holding retailer, and prohibits the sale of retail tobacco products from vending machines. Under the bill, permits are subject to annual renewal and subject to revocation for violations of federal, state, or local laws related to tobacco products. The bill imposes recordkeeping requirements and makes it a Class 1 misdemeanor to engage in fraud or misrepresentation in connection with an application for a permit.

The bill updates, for the purpose of the crime of selling or distributing tobacco products to a person younger than 21 years of age, the definition of “retail tobacco products” by including in such definition products currently defined as “nicotine vapor products” or “alternative nicotine vapor products.” The bill also removes provisions prohibiting the attempt to purchase, the purchase, or the possession of tobacco products by persons younger than 21 years of age.

The bill provides that the punishment of a retail establishment that sells, gives, or furnishes a tobacco product to a person younger than 21 years of age or to a person who does not demonstrate that such person is at least 21 years of age is (i) a civil penalty of $1,000 for a first offense, (ii) a civil penalty of $5,000 for a second offense and a 30 day suspension of such establishment’s distributor’s license, and (iii) a civil penalty of $10,000, revocation of such license, and such distributor shall be ineligible to hold a license for a period of three years following the most recent violation. Under current law, such penalties apply only to the sale, distribution, or purchase of a bidi and do not require a suspension or revocation of the establishment’s distributor’s license, while violations involving all other products are punishable by a civil penalty of $100 for a first offense, $200 for a second offense, and $500 for a third or subsequent offense. The bill also removes the exception allowing the sale, giving, or furnishing of any tobacco product, nicotine vapor product, or alternative nicotine vapor product to active-duty military personnel who are 18 years of age or older. The bill requires the Department, in collaboration with the Virginia Alcoholic Beverage Control Authority and local law enforcement, to conduct a compliance check every 24 months on any retailer selling retail tobacco products and to use a person younger than 21 years of age to conduct such checks.

The bill also imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine and creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products.

​​HB 947– Comprehensive plan; vape shops near schools

Passed the House 99-Y 0-N

• Requires a locality, during any amendment to its comprehensive plan that takes place after July 1, 2024, to incorporate into its comprehensive plan strategies to limit vape shops near schools for the purpose of reducing use of nicotine vapor products by youth.

HB 1018 – Powers of investigators; enforcement of certain tobacco laws.

Passed the House 99-Y 0-N

• Authorizes investigators with the Office of the Attorney General to seize cigarettes that are unlawfully sold, possessed, distributed, transported, imported, or otherwise held and to accompany and participate with special agents of the Alcoholic Beverage Control Board or other law-enforcement officials engaging in an enforcement action involving counterfeit and unstamped cigarettes.

HB 1069 and SB 550– Liquid nicotine and nicotine vapor products; certification and directory; penalties

Passed the House 99-Y 0-N

Passed the Senate 38-Y 1-N

• Requires every manufacturer of liquid nicotine or nicotine vapor products that are sold in the Commonwealth to certify to the Attorney General that (i) the manufacturer has received a marketing authorization or similar order for the liquid nicotine or nicotine vapor product from the U.S. Food and Drug Administration (FDA) or (ii) (a) the liquid nicotine or nicotine vapor product was marketed in the United States as of August 8, 2016, or (b) the manufacturer submitted a premarket tobacco product application for the liquid nicotine or nicotine vapor product to the FDA on or before September 9, 2020, and such application either remains under review by the FDA or a final decision on the application has not otherwise taken effect. The bill requires a manufacturer to submit such a form for each liquid nicotine or nicotine vapor product that such manufacturer sells in the Commonwealth. Under the bill, any manufacturer that falsely represents any of the information required by the certification requirement is guilty of a Class 3 misdemeanor for each false representation.

The bill requires the Attorney General to establish and maintain a directory that lists all liquid nicotine or nicotine vapor product manufacturers and liquid nicotine and nicotine vapor products for which current and accurate certification forms have been submitted. The bill requires the Attorney General to remove or exclude from such directory any such product that is not in compliance and to notify the manufacturer of such noncompliance. The bill allows a 10-business-day period for a manufacturer to establish compliance. The bill requires that any such products that are removed from the list be removed from retail sale within 21 days or become subject to seizure and requires a manufacturer, wholesaler, or retail dealer to notify each purchaser of a removed product that it has been removed from the directory at the time of delivery of such product. The bill entitles such a purchaser to a refund of the purchase price and creates a cause of action to recover such refund.

The bill prohibits the sale, distribution, importation, or offer for sale of any liquid nicotine or nicotine vapor product that is not listed in the directory. The bill provides for a civil penalty of $1,000 per day for each product offered for sale in violation of the bill’s provisions until the offending product is removed from the market or until the offending product is properly listed on the directory.

The bill requires any person that receives, stores, sells, handles, or transports liquid nicotine or nicotine vapor products to preserve all records relating to the purchase, sale, exchange, receipt, or transportation of all liquid nicotine or nicotine vapor products for a period of three years. The bill provides that all such records are subject to audit or inspection at any time by any duly authorized representative of the Attorney General. Any person who violates the recordkeeping provisions of the bill is guilty of a Class 2 misdemeanor.

Additionally, the bill provides that the Department of Taxation, the Attorney General, any other law-enforcement agency of the Commonwealth, or any federal law-enforcement agency conducting a criminal investigation involving the trafficking of liquid nicotine or nicotine vapor products may access at any time such records. The bill requires the Department of Taxation to impose a penalty of $1,000 for each day that a person fails or refuses to allow or cooperate with an audit, inspection, or investigation of such records.

The bill authorizes the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town to cause an action to enjoin any violation of the provisions of the bill. The circuit courts are authorized by the bill to (i) issue temporary or permanent injunctions to restrain and prevent violations of the provisions of the bill and (ii) order forfeiture on any property seized for such a violation. The bill authorizes the Attorney General to issue a civil investigative demand.

Under the bill, any retailer and wholesaler that sells or distributes any liquid nicotine or nicotine vapor product in the Commonwealth is subject to scheduled or unscheduled compliance checks carried out by the Attorney General for enforcement purposes.

The bill requires the Attorney General to provide an annual report to the General Assembly regarding the status of the directory, manufacturers and products included in the directory, and revenues and expenditures related to and enforcement activities undertaken pursuant to the requirements of the bill.

Finally, the bill makes a violation of its provisions a prohibited practice under the Consumer Protection Act.

HB 1090 – Prohibiting purchase or possession of tobacco products, etc.; persons under 21 years of age

• Increases the civil penalty from $100 to $500 for a first violation, $200 to $1,000 for a second violation, and $500 to $2,500 for a third or subsequent violation by an individual or by a separate retail establishment that, for products other than a bidi, (i) sells to, distributes to, purchases for, or knowingly permits the purchase by any person less than 21 years of age, knowing or having reason to believe that such person is less than 21 years of age, any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking or (ii) sells a tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking to any individual who does not demonstrate, by producing a driver’s license or similar photo identification issued by a government agency, that the individual is at least 21 years of age.

HB 1099 – Heated tobacco; taxation

Passed the House 79-Y 19-N

• Redefines “cigarette” for state cigarette tax purposes to include any product containing nicotine that is intended to be burned or heated under ordinary conditions of use. Under current law, heated tobacco products are distinct from cigarettes for the purpose of taxation. The bill also subjects such cigarettes intended to be heated to an excise tax of 2.25 cents per cigarette on and after July 1, 2021. Under current law, heated tobacco products are subject to the tobacco products tax at such rate.

Defeated Bills

​​HB 1036 – Local tax authority; nicotine vapor products

Left in House Finance Committee

HB 1119 – Local government powers; regulation of tobacco, nicotine, and hemp product retail sale locations

Left in House Counties, Cities and Towns Committee

HB 1240 – Sale of nicotine vapor product, alternative nicotine product, hemp product intended for smoking

Left in House Courts of Justice Committee

Employer Mandates

Active Bills

HB 569 – Employment discrimination; employee notification of federal and state statute of limitations

Passed the House 49-Y 48-N

• Requires an employer who receives an employee complaint alleging sexual assault, harassment, or any other form of discrimination for which the employee may seek enforcement by the U.S. Equal Employment Opportunity Commission (EEOC) or the Office of the Attorney General to notify such employee that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. The bill also requires an employer to provide this information as part of any new employee training provided at the commencement of employment or anti-discrimination training provided to an employee.

HB 770 – Retaliatory action against employee prohibited; remedies available

Passed the House 50-Y 48-N

• Provides that a violation of certain provisions regarding retaliatory action against employees may be alleged in a court of competent jurisdiction within one year of the employer’s final prohibited retaliatory action. The bill states that in such cases, treble damages may be awarded if such violation was willful.

HB 924 – Transportation network companies; delivery network companies; publishing and disclosure requirement

Passed the House 52-Y 48-N

• ​​Requires a transportation network company or delivery network company, defined in the bill, to publish on its public website and associated digital platform information about (i) the portion of each fare, in the aggregate, that goes to the TNC or DNC partner, defined in the bill, and to the transportation network company or delivery network company; (ii) on average, how much TNC partners and DNC partners work and earn; and (iii) the average amount of expenses TNC partners and DNC partners incur in the course of such work. The bill requires a transportation network company or delivery network company to disclose to TNC partners and DNC partners the use of any nonlinear compensation system, defined in the bill, and details about such companies’ deactivation process, defined in the bill, for TNC partners and DNC partners. The bill requires transportation network companies and delivery network companies to provide TNC partners and DNC partners with information regarding the fare and the amount they will be paid and the location or locations to which they will be driving on a trip prior to any requirement to accept or decline such trip.

HB 990 and SB 370– Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range

Passed the House 51-Y 47-N

Passed the Senate 21-Y 19-N

• Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation.

Defeated Bills

HB 370 – Employment; annual interactive training and education; harassment and workplace discrimination

Left in House Labor and Commerce Committee

HB 734 – Delivery network companies; portable benefit accounts

Stricken from the Docket in House Labor and Commerce Committee

HB 1258 – Employee protections; discipline for political activity or affiliations prohibited

Laid on the table in House Labor and Commerce Committee 11-Y 10-N

SB 185 – E-Verify program; every employer to enroll in program by January 1, 2025

Passed by indefinitely in Senate Commerce and Labor Commitee

​​SB 485 – Employee protections; employer-sponsored meetings on political matters; civil action

Continued to 2025 by Senate Labor and Commerce Committee

Paid Leave/Unpaid Leave

Active Bills

SB 373– Paid family and medical leave insurance program; notice requirements, civil action

Passed the Senate 21-Y 19-N

• Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning January 1, 2026. The bill provides that the amount of a benefit is 80 percent of the employee’s average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program.

HB 1098 – Unpaid family bereavement leave; civil penalty

Passed the House 51-Y 49-N

• Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee’s position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.

Defeated Bills

HB 38 – Employment paid sick leave, civil penalties

Continued to 2025 by House Appropriations Committee

HB 256 and SB 507– Health care providers & grocery store workers; employers to provide paid sick leave, effective date

Incorporated into HB 348

Continued to 2025 by Senate Finance and Appropriations Committee

HB 348 – Employment; paid sick leave, civil penalties

Continued to 2025 by House Appropriations Committee

HB 737  – Paid family and medical leave insurance program; notice requirements, civil action

Left in House Appropriations Committee

Consumer Protection/Privacy

Active Bills

HB 707 – Consumer Data Protection Act; protections for children

Passed the House 99-Y 0-N

• Prohibits a data controller from processing personal data of a known child (i) for the purposes of targeted advertising, the sale of such personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer; (ii) for any processing purpose other than the processing purpose that the controller disclosed at the time such controller collected such personal data or that is reasonably necessary for and compatible with such disclosed purpose unless such processing is reasonably necessary to provide an online service, product, or feature; or (iii) for any processing purpose without first obtaining consent from the child’s parent or legal guardian.

The bill prohibits a data controller from collecting precise geolocation data from a known child unless: (a) such precise geolocation data is reasonably necessary for the controller to provide such online service, product, or feature; (b) the controller provides to the known child a signal indicating that such controller is collecting such precise geolocation data; and (c) the controller obtains consent from the child’s parent or legal guardian.

Additionally, the bill requires each data controller that, on or after January 1, 2025, offers any online service, product, or feature directed to consumers whom such controller has actual knowledge are children to conduct a data protection assessment for such online service, product or feature that addresses (1) the purpose of such online service, product, or feature,; (2) the categories of known children’s personal data that such online service, product, or feature processes,; and (3) the purposes for which such controller processes known children’s personal data with respect to such online service, product, or feature.

​​HB 744 – Consumer protection; automatic renewal or continuous service offers

Passed the House 89-Y 10-N

• Requires a supplier making automatic renewal or continuous service offers that automatically renew after more than 30 days and extend the automatic renewal or continuous service offer for more than a period of 12 months to notify the consumer of the option to cancel no less than 30 days and no more than 60 days before the cancellation deadline or the end of the current contract term.

SB 388– Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure

Passed the Senate 28-Y 11-N

• Prohibits a supplier in connection with a consumer transaction from advertising, displaying, or offering any pricing information for goods or services without prominently displaying the total price, which shall include all mandatory fees or charges other than taxes imposed.

Defeated Bills

HB 1280 – Consumer protection; failure to honor service warranty

Continued to 2025 in House Labor and Commerce Committee

HB 1320 – Virginia Consumer Protection Act; prohibited practices; mandatory fees disclosure

Continued to 2025 in House Labor and Commerce Committee

SB 164 – Virginia Consumer Protection Act; prohibited practices, artificial intelligence disclosure.

Continued to 2025 in Senate General Laws and Technology Committee

SB 252 – Consumer Data Protection Act; controller privacy notice; cookies; consumer consent

Continued to 2025 in Senate General Laws and Technology Committee

Class Action

HB 418 – Civil Actions; actions filed on behalf of multiple persons

Passed the House 50Y 46N

• Provides that one or more members of a class may, as representative parties on behalf of all members, bring a civil action or may be proceeded against in a civil action provided that (i) the class is so numerous that joinder of all members or proceeding with such actions on an individual basis is impracticable or contrary to judicial economy; (ii) there are questions of law or fact common to the class; (iii) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (iv) the representative parties shall fairly and adequately protect the interests of the class. The bill further sets out the procedure to certify a class action, the duties of counsel appointed in a class action, the various orders a court may issue during the course of a class action, and the process by which a settlement, voluntary dismissal, or compromise may occur. The bill has a delayed effective date of July 1, 2025.

SB 259 – Civil actions flied on behalf of multiple persons; types of class actions

Passed the Senate 21Y 19N

• Provides that on a motion of any party, a circuit court may enter an order certifying a class or joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction or occurrence. Currently, the circuit court may enter such order for such separate civil actions if such actions are brought by six or more plaintiffs.
  The bill also provides that in a civil action for retaliation of an employer against an employee, the court or jury may order the reinstatement of the employee to a similar or equivalent position and compensation for lost wages, benefits, and remuneration, as well as reasonable attorney fees and costs, and may award treble damages upon a finding that such act of retaliation by an employer against an employee was willful.
  The bill directs the Supreme Court of Virginia to promulgate rules no later than November 1, 2024, governing the certification of a class or the joining, coordinating, consolidating, or transferring of civil actions filed on behalf of multiple persons. The bill has a delayed effective date of January 1, 2025.

ABC

Active Bills

HB 522 and SB 182– Alcoholic beverage control; advertisements

Passed the House 93-Y 5-N    

Passed the Senate 40-Y 0-N

• Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority to promulgate regulations that prescribe the terms and conditions under which manufacturers, brokers, importers and wholesalers may advertise and promote alcoholic beverages via the Internet, social media, direct-to-consumer electronic communication, or other electronic means.

HB 688 and SB 635– Alcoholic beverage control; sale and delivery of mixed beverages and pre-mixed wine for off-premise

Passed the House 81-Y 18-N

Passed the Senate 40Y 0-N

• Repeals the July 1, 2024, sunset on provisions that allow (i) distillers that have been appointed as agents of the Board of Directors of the Virginia Alcoholic Beverage Control Authority, mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption and (ii) farm winery licensees to sell pre-mixed wine for off-premises consumption. The bill also repeals, effective July 1, 2026, third-party delivery licenses. The bill requires the Authority to convene a work group to review third-party delivery licenses and report its findings and recommendations to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 15, 2024.

SB 168 – Alcoholic beverage control; food-to-beverage ratio

Passed the Senate 40-Y 0-N

• Reduces the current 45 percent food-to-beverage ratio for certain mixed beverage licensees. The bill requires that a mixed beverage restaurant, caterer’s, or limited caterer’s licensee meet or exceed the following: (i) for such licensees with monthly food sales of at least $4,000 but less than $10,000, the food-to-beverage ratio shall be 35 percent and (ii) for such licensees with monthly food sales of at least $10,000, there shall be no food-to-beverage ratio requirement imposed.

SB 658 – ABC, Timeline for Summary Suspension

Passed the Senate 40-Y 0-N

• Provides that when special agents of the Board of Directors of the Virginia Alcoholic Beverage Control Authority are conducting an initial investigation for purposes of summary suspension and the 48-hour time limit for such initial investigation expires on a Saturday, Sunday, or legal holiday, the special agents may submit their findings from such initial investigation any time prior to the close of business on the next day that is not a Saturday, Sunday, or legal holiday.

Defeated Bills

​​HB 1050 – Alcoholic beverage control; confectionery mixed beverage retail license

Left in House General Laws Committee

SB 416 – Alcoholic beverage control; tied house exception

Stricken from the docket in Senate Rehabilitation and Social Services Committee

Cannabis

HB 149 and SB 391– Employee protections; medicinal use of cannabis oil

Passed the House 78-Y 20-N

Passed the Senate 30-Y 10-N

• Amends the provision that prohibits an employer from discriminating against an employee for such employee’s lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee’s diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.

​​HB 698 – Cannabis control; retail market; penalties

Passed the House 52-Y 48-N

• ​​Establishes a framework for the creation of a retail marijuana market in the Commonwealth, to be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing all marijuana licenses on July 1, 2025; however, the bill allows certain pharmaceutical processors to begin operations on July 1, 2024, and allows a limited number of other licensees to begin operations on January 1, 2025.

SB 448 – Cannabis control; retail market; penalties

Passed the Senate 21-Y 18-N

• Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, but provides that no marijuana sales may occur prior to January 1, 2025.

Energy

Defeated Bills

HB 402 – Electric utilities; retail competition for purchase and sale of electric energy, etc.

Stricken from the Docket in House Labor and Commerce Committee

HB 403 – Electric utilities; temporary power purchase agreements.

Left in House Labor and Commerce Committee

HB 469 and SB 152 – Electric utilities; retail competition, aggregated competitive purchasers

Stricken from the docket in House Labor and Commerce Committee

Continued to 2025 in Senate Commerce and Labor Committee

Miscellaneous

Active Bills

HB 160 – Veterans; workplace poster for benefits and services

Passed the House 98-Y 0-N

• Directs the Department of Labor and Industry, in consultation with the Department of Veterans Services, to create a poster describing benefits and services available to veterans and allows employers to request and display such poster in the workplace. The bill enumerates a minimum group of resources the poster shall include, including (i) Department of Veterans Services’ programs, contact information, and website address; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce, and training resources; (iv) tax benefits; (v) eligibility for unemployment insurance benefits; (vi) legal services; and (vii) the U.S. Department of Veterans Affairs Veterans Crisis Line.

HB 474 – Restroom Access Act; civil liability

Passed the House 64-Y 35-N

• Requires a retail establishment that does not have a public restroom but has an employee toilet facility to allow any customer with an eligible medical condition, defined in the bill as Crohn’s disease, ulcerative colitis, irritable bowel syndrome, or any other medical condition that requires immediate access to a toilet facility, to use such employee toilet facility during normal business hours if certain conditions are met. A customer who suffers loss as a result of a violation may bring an action to recover damages not to exceed $100.

HB 633 – Labor trafficking; forced labor or service; penalties

Passed the House 99-Y 0-N

• Provides that any person who knowingly provides or obtains the labor or services of a person by means of (i) force, threats of force, physical restraint, or threats of physical restraint to that person or another person; (ii) serious harm, as defined in the bill, or threats of serious harm to that person or another person; (iii) the abuse or threatened abuse of law or legal process, as defined in the bill; or (iv) any scheme, plan, or pattern intended to cause the person to believe that if that person did not perform such labor or services that person or another person would suffer serious harm or physical restraint is guilty of labor trafficking. The bill also provides that any person who knowingly benefits from participation in a venture that has engaged in labor trafficking is guilty of receiving money from labor trafficking. The bill provides that a violation of labor trafficking or receiving money from labor trafficking is punishable as a Class 4 felony; however, any adult who commits an act of labor trafficking or receiving money from labor trafficking with a person under the age of 18 is guilty of a Class 3 felony. The bill also creates a civil cause of action against individuals who engage in labor trafficking or who receive money from labor trafficking and adds labor trafficking and receiving money from labor trafficking to provisions of the Code defining racketeering and as a barrier crime from caring for children or the elderly or disabled, among other provisions listed in the bill.

HB 782 – Virginia Human Rights Act; dual-filed civil actions

Passed the House 99-Y 0-N

• ​​Clarifies timelines for dual-filing complaints alleging unlawful discrimination under the Virginia Human Rights Act and the U.S. Equal Employment Opportunity Commission. The bill allows either the complainant or the respondent for any charge of discrimination to request a notice of the right to file a civil action after the Commission has closed its file on such charge of discrimination.

HB 1035 – Places of public accommodation; possession and administration of epinephrine

Passed the House 88-Y 10-N

• Permits every place of public accommodation, defined in relevant law as all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations, to make epinephrine available for administration and permits any employee of such place of public accommodation who is authorized by a prescriber and trained in the administration of epinephrine to possess and administer epinephrine to a person present in such place of public accommodation believed in good faith to be having an anaphylactic reaction. Current law limits such permission to every public place, defined in relevant law as any enclosed, indoor area used by the general public, and any employee of such public place.

​​HB 1216 – Employee Child Care Assistance Program and Fund; established

Passed the House 87-Y 8-N

• Establishes the Employee Child Care Assistance Program and Fund to provide matching funds to in order to incentivize employers to contribute to the child care costs of their employees. To participate in the program, an employer is required to enter into an agreement with its employee and an eligible mixed-delivery provider, defined in the bill, to make child care contributions to the eligible mixed-delivery provider on behalf of the employee, and the Department of Education will issue a state match directly to such eligible mixed-delivery provider or to a third-party administrator. The bill provides that the state match shall not exceed 100 percent of the employer contribution made by an employer on behalf of an employee whose annual gross wages are equal to or less than the local median household income, defined in the bill, and shall not exceed 80 percent of the employer contribution made by an employer on behalf of an employee whose annual gross wages are greater than the local median household income. The bill requires that 25 percent of the Fund be used to provide state matching funds for employees of small businesses.

HB 1301 – Virginia Post-Disaster Anti-Price Gouging Act; definitions

Passed the House 89-Y 9-N

• ​​Provides that for the purposes of the Virginia Post-Disaster Anti-Price Gouging Act, “consumer transaction” includes transactions involving the advertisement, sale, lease, license, or offering for sale, lease, or license of employment services to be provided or procured for business purposes. The bill also amends the definition of “time of disaster” to mean the longer of (i) the period of time when a state of emergency declared by the Governor or the President of the United States as the result of a disaster, emergency, or major disaster is in effect or (ii) 30 days after the occurrence of the disaster, emergency, or major disaster that resulted in the declaration of the state of emergency. Under current law, the definition of “time of disaster” means the shorter of the time periods specified in clauses (i) and (ii).

SB 350 – Virginia Human Rights Act; right to sue

Passed the Senate 40-Y 0-N

• Permits a complainant who has not received a notice of the right to file a civil action from the Office of Civil Rights of the Department of Law or the Equal Employment Opportunity Commission as requested after 180 days have passed from the date the complaint was filed to commence a timely civil action in an appropriate general district or circuit court having jurisdiction over the person who allegedly unlawfully discriminated against the complainant.

SB 570 – Virginia Human Rights Act; definitions of “person” and “employer.”

Passed the Senate 21-Y 18-N

• Waives the Commonwealth’s sovereign immunity to a civil action under the definition of “person” in relevant law and makes the waiver retroactive to July 1, 2020. The bill also expands the definition of “employer” as it relates to the requirement to provide reasonable accommodation for persons with disabilities under the Virginia Human Rights Act to include any government or political subdivision, or agent of such government or political subdivision, employing more than five employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The bill also reduces the number of employees from 15 to six for the definition of employer of domestic workers.

SB 634 – State Corporation Commission; powers and duties

Passed the Senate 21-Y 19-N

• Provides that in proceedings before the State Corporation Commission, the Commission shall consider public safety, the economy of the Commonwealth, the promotion of workforce development for residents of the Commonwealth, and the maintenance of fair labor standards for workers employed by public service companies and their contractors.

Defeated Bills

HB 954 – Virginia Human Rights Act; prohibits discrimination on the basis of citizenship or immigration

Continued to 2025 by House General Laws Committee