2022 Bill Tracker

Nondiscrimination in places of public accommodation, definitions. HB 1133 (Walker)

HB 1133 Status: Subcommittee failed to recommend reporting (4-Y 4-N)

Human rights and fair housing; religious organizations; promotion of religious principles. – HB 753 (Adams) Companion Bill: SB 177 (Peake)Provides that nothing in the Virginia Human Rights Act prohibits a religious corporation, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from taking any action to promote the religious principles for which it is established or maintained. The bill exempts any place of accommodation owned by or operated on behalf of a religious corporation, association, or society from the nondiscrimination in public places of accommodation provisions of the Virginia Human Rights Act. Under current law, such places of accommodation are exempt only when not open to the public. The bill adds preschools to the list of educational institutions that are exempt from discriminatory hiring practices with respect to the hiring and employment of employees of a particular religion when such institutions are owned, supported, controlled, or managed by a particular religion or religious corporation, association, or society. The bill clarifies that the term “religion” includes all aspects of religious observance and practice as well as belief for the purposes of the exemption from discrimination in employment of individuals employed to perform work associated with the activities of a particular religion by a religious corporation, association, educational institution, or society. The bill removes provisions allowing (i) a court or jury in a civil action that finds unlawful discrimination has occurred to order such affirmative action as may be appropriate and (ii) the Attorney General to seek to obtain such relief as would be available to a private party when he intervenes in a civil action for unlawful discrimination. The bill also removes the provision of the exemption for religious organizations under the Virginia Fair Housing Law that denies such exemption where the membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability. EV OPPOSES

HB 753 Status:  

HOUSE: Passage (54-Y 45-N)

SENATE:  Passed by indefinitely in General Laws and Technology (8-Y 7-N)

Virginia Human Rights Act; employee safety; definition changes. – SB 179 (Peake) Amends the definitions of “domestic worker” to exclude babysitters, nannies, caretakers, home health aides, and personal care aids; “employer” to one who employs at least three persons; and “domestic service” to exclude services performed by companions. EV OPPOSES

SB 179 Status: Passed by indefinitely in General Laws and Technology (8-Y 7-N)

Human rights and fair housing; religious organizations; promotion of religious principles. – SB 177 (Peake) Companion Bill: HB 753 (Adams) Provides that nothing in the Virginia Human Rights Act prohibits a religious corporation, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from taking any action to promote the religious principles for which it is established or maintained. The bill exempts any place of accommodation owned by or operated on behalf of a religious corporation, association, or society from the nondiscrimination in public places of accommodation provisions of the Virginia Human Rights Act. Under current law, such places of accommodation are exempt only when not open to the public. The bill adds preschools to the list of educational institutions that are exempt from discriminatory hiring practices with respect to the hiring and employment of employees of a particular religion when such institutions are owned, supported, controlled, or managed by a particular religion or religious corporation, association, or society. The bill clarifies that the term “religion” includes all aspects of religious observance and practice as well as belief for the purposes of the exemption from discrimination in employment of individuals employed to perform work associated with the activities of a particular religion by a religious corporation, association, educational institution, or society. The bill removes provisions allowing (i) a court or jury in a civil action that finds unlawful discrimination has occurred to order such affirmative action as may be appropriate and (ii) the Attorney General to seek to obtain such relief as would be available to a private party when he intervenes in a civil action for unlawful discrimination. The bill also removes the provision of the exemption for religious organizations under the Virginia Fair Housing Law that denies such exemption where the membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability. EV OPPOSES

SB 177 Status: Passed by indefinitely in General Laws and Technology (8-Y 7-N)

Administration of government; rights of state and local employees; freedoms of conscience and expression. HB 384 (Davis) Protects state and local government employees from being required to take actions incompatible with their deeply held beliefs, values, or conscience or from being penalized for expressing opinions in opposition to or approval of official government policy. EV OPPOSES

HB 384 Status:

HOUSE: Passage (72-Y 27-N 1-A)
SENATE: Passed Senate (26-Y 14-N)

Constitutional amendment (voter referendum); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. – SB 557 (Ebbin) Companion Bill: HB 605 (Sickles) Provides for a referendum at the November 8, 2022, election to approve or reject an amendment that would repeal the constitutional provision defining marriage as only a union between a man and woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. EV SUPPORTS

SB 557 Status:

SENATE: Passed Senate (25-Y 14-N)
HOUSE: Subcommittee recommends passing by indefinitely (6-Y 4-N)

Constitutional amendment (second reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. – HJ 57 (Sickles) Companion Bill SJ 5 (Ebbin) Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. EV SUPPORTS

HJ 57 Status: Subcommittee failed to recommend reporting (4-Y 6-N)

HB 605 (Sickles) Companion Bill: SB 557 (Ebbin) A Bill to provide for the submission to the voters of a proposed amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage; repeal of same-sex marriage prohibition; affirmative right to marry. EV SUPPORTS

HB 605 Status: Subcommittee recommends passing by indefinitely (6-Y 4-N)

Constitutional amendment (second reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. – SJ 5 (Ebbin) Companion Bill: HJ 57 (Sickles) Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage. EV SUPPORTS

SJ 5 Status:

SENATE: Agreed to by Senate (25-Y 14-N)
HOUSE: Subcommittee failed to recommend reporting (4-Y 6-N)

Schools; athletics; participation in female sports; civil cause of action. SB 766 (Kiggans) Requires each elementary or secondary school or a private school that competes in sponsored athletic events against such public schools to designate athletic teams, whether a school athletic team or an intramural team sponsored by such school, based on biological sex as follows: (i) “males,” “men,” or “boys”; (ii) “females,” “women,” or “girls”; or (iii) “coed” or “mixed.” Under the bill, male students are not permitted to participate on any school athletic team or squad designated for “females,” “women,” or “girls”; however, this provision does not apply to physical education classes at schools. The bill provides civil penalties for students and schools that suffer harm as a result of a violation of the bill. Such civil actions are required to be initiated within two years after the harm occurred. EV OPPOSES

SB 766 Status: Assigned Education subcommittee: Passed by indefinitely in Education and Health (9-Y 4-N)

Unaccompanied homeless youth; consent to medical care. – HB 353 (Willett) Provides that except for the purposes of sterilization or abortion, a minor who is 14 years of age or older and who is an unaccompanied homeless youth shall be deemed an adult for the purpose of consenting to surgical or medical examination or treatment, including dental examination and treatment, for himself or his minor child. The bill describes evidence sufficient to determine that a minor is an unaccompanied homeless youth and provides that no health care provider shall be liable for any civil or criminal action for providing surgical or medical treatment to an unaccompanied homeless youth or his minor child without first obtaining the consent of his parent or guardian provided in accordance with the law, with the exception of liability for negligence in the diagnosis or treatment of such unaccompanied homeless youth. EV SUPPORTS

HB 353 Status: Left in Health, Welfare and Institutions

Unaccompanied homeless youths; services; consent. – HB 717 (Filler-Corn) Provides that an unaccompanied homeless youth shall be deemed an adult for the purpose of consenting to housing, including emergency shelter, and other services and establishes requirements for providers of housing, including emergency shelter, and other services for unaccompanied homeless youths. The bill directs the Board of Social Services to adopt regulations for implementation of the bill and directs the Department of Social Services to establish a work group composed of at least one local education agency liaison for homeless children and youth designated pursuant to federal law, one attorney who represents unaccompanied homeless youths, two providers of housing and other services for unaccompanied homeless youths, and three individuals who are or have been unaccompanied homeless youths to make recommendations to the Board regarding such regulations. EV SUPPORTS

HB 717 Status:

HOUSE:Read third time and passed House BLOCK VOTE (99-Y 0-N)

SENATE: Senate substitute agreed to by House 22107231D-S1 (96-Y 0–N)

Public education; parental rights; access to certain facilities and accommodations; instructional content; bullying. – HB 1126 (Avoli) Declares that the parent of any student enrolled in a public elementary or secondary school in the Commonwealth has the right to (i) obtain and review any educational material and curriculum utilized in any class or course in which the student is enrolled; (ii) opt his child out of any class or course activity, lesson, or reading assignment or the use of any audiovisual material or library book to which the parent objects; (iii) easily access a list of the title and author of each book in each classroom and each library in the school in which the student is enrolled; (iv) receive notice of and attend any public meeting of the school board governing the local school division in which the student is enrolled; (v) review the annual school division budget and expenditures; (vi) send his child to attend school in a safe environment; and (vii) be updated by the school principal on any violent activity in the school in which the student is enrolled. The bill requires each school board to adopt policies to require each student and school board employee to have access to restrooms, locker rooms, and other changing facilities in public school buildings that are shared only by members of the same biological sex; lodging accommodations during school-sponsored trips that are shared only by members of the same biological sex; and a single-user restroom, locker room, or other changing facility in a public school building, upon request, if the school can reasonably accommodate such a request. The bill also prohibits any school board employee or individual who provides any school-sponsored program from teaching or promoting to any student or school board employee the concept that (a) any race is inherently superior or inferior; (b) any individual is racist, privileged, oppressive, biased, or responsible for actions committed by others of the same race or skin color by virtue of the individual’s race or skin color; (c) the United States is fundamentally racist; or (d) market-based economics is inherently racist. The bill finally requires each school board to implement policies and procedures to educate school board employees about bullying and the need to create a school environment in which all individuals are treated with dignity and respect and any incident of bullying is taken seriously and handled in a robust manner. EV OPPOSES

HB 1126 Status: Left in Education

Treatment of transgender students; model policies. – HB 988 (Wyatt) Companion Bill: SB 20 (Hackworth) Eliminates the requirement that each school board adopt policies that are consistent with the model policies developed by the Department of Education concerning the treatment of transgender students in public elementary and secondary schools. The bill also removes the requirement for such model policies to include information, guidance, procedures, and standards relating to the use of school facilities, requires the Department to amend its model policies to remove any such information, guidance, procedures, or standards, and requires the Department to make such amended model policies available to each school board no later than the beginning of the 2022/2023 school year. EV OPPOSES

HB 988 Status: Failed to report (defeated) in Education (11-Y 11-N)

Treatment of transgender students; model policies. – SB 20 (Hackworth): Companion Bill: HB 988 (Wyatt) Eliminates the requirement that each school board adopt policies that are consistent with the model policies developed by the Department of Education concerning the treatment of transgender students in public elementary and secondary schools. EV OPPOSES. 

SB 20 Status: Passed by indefinitely in Education and Health (8-Y 5-N)