Fabio
154 lines
12 KiB
Markdown
154 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "Paid sick leave; employers to provide to certain employees."
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description: "Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill 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 leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2021"
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identifier: "HB 2137"
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citation: "Virginia HB 2137 (2021)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Elizabeth R. Guzman"]
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version_count: 6
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action_count: 53
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vote_count: 12
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first_action: "2021-01-12"
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last_action: "2021-03-30"
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source: "openstates"
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source_identifier: "ocd-bill/35d126b7-c62e-49e3-abf7-72a04dd2473a"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2137"
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source_hash: "287baa7bb258ae0d4a5219538b22674151e8731361f73e76b38c241ebe9e0f2f"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia HB 2137 (2021) — Paid sick leave; employers to provide to certain employees.
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Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill 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 leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **CHAP0449** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0449)
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2. **Committee substitute printed 21200524D-S1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2137S1)
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3. **HB2137ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2137ER)
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4. **HB2137S2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2137S2)
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5. **Prefiled and ordered printed; offered 01/13/21 21101625D** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2137)
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6. **Printed as engrossed 21101625D-E** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2137E)
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## Votes
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- Reported from Commerce and Labor with substitute (12-Y 3-N) — **12–3** (pass) · upper
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- VOTE: Passage (54-Y 46-N) — **53–46** (pass) · lower
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- Reported from Appropriations with amendment(s) (13-Y 9-N) — **13–9** (pass) · lower
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- VOTE: Adoption (52-Y 44-N) — **51–44** (pass) · lower
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- Reported from Finance and Appropriations (11-Y 4-N) — **11–4** (pass) · upper
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- Subcommittee recommends reporting (5-Y 3-N) — **5–3** (pass) · lower
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- Passed Senate with substitute (21-Y 18-N) — **21–18** (pass) · upper
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- Reported from Labor and Commerce (13-Y 8-N) — **13–8** (pass) · lower
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- Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) — **15–0** (pass) · upper
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- Subcommittee recommends reporting with amendments (5-Y 3-N) — **5–3** (pass) · lower
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- Constitutional reading dispensed (39-Y 0-N) — **39–0** (pass) · upper
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- VOTE: Adoption #2 (54-Y 44-N) — **53–44** (pass) · lower
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## Sponsors
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- Elizabeth R. Guzman — primary (person)
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- Alfonso H. Lopez — cosponsor (person)
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- Betsy B. Carr — cosponsor (person)
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- C.E. Cliff Hayes, Jr. — cosponsor (person)
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- Candi Mundon King — cosponsor (person)
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- Dan I. Helmer — cosponsor (person)
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- Ibraheem S. Samirah — cosponsor (person)
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- Jeion A. Ward — cosponsor (person)
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- Jennifer B. Boysko — cosponsor (person)
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- Jennifer L. McClellan — cosponsor (person)
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- Joshua G. Cole — cosponsor (person)
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- Karrie K. Delaney — cosponsor (person)
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- Kathleen Murphy — cosponsor (person)
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- Kathy K.L. Tran — cosponsor (person)
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- Kaye Kory — cosponsor (person)
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- Kenneth R. Plum — cosponsor (person)
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- Lashrecse D. Aird — cosponsor (person)
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- Lee J. Carter — cosponsor (person)
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- Marcia S. "Cia" Price — cosponsor (person)
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- Marcus B. Simon — cosponsor (person)
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- Mark D. Sickles — cosponsor (person)
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- Mark H. Levine — cosponsor (person)
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- Mark L. Keam — cosponsor (person)
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- Patrick A. Hope — cosponsor (person)
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- Paul E. Krizek — cosponsor (person)
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- Rodney T. Willett — cosponsor (person)
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- Sam Rasoul — cosponsor (person)
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- Shelly A. Simonds — cosponsor (person)
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- Suhas Subramanyam — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2021-01-12** Prefiled and ordered printed; offered 01/13/21 21101625D `introduction`
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- **2021-01-12** Referred to Committee on Labor and Commerce `referral-committee`
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- **2021-01-19** Assigned L & C sub: Subcommittee #1 `referral-committee`
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- **2021-01-26** Subcommittee recommends reporting (5-Y 3-N)
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- **2021-01-26** Subcommittee recommends referring to Committee on Appropriations
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- **2021-01-28** Reported from Labor and Commerce (13-Y 8-N) `committee-passage`
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- **2021-01-28** Referred to Committee on Appropriations `referral-committee`
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- **2021-01-28** Impact statement from DPB (HB2137)
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- **2021-01-29** Assigned App. sub: Compensation & General Government `referral-committee`
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- **2021-02-01** House subcommittee amendments and substitutes offered
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- **2021-02-01** Subcommittee recommends reporting with amendments (5-Y 3-N)
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- **2021-02-01** Reported from Appropriations with amendment(s) (13-Y 9-N) `committee-passage`
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- **2021-02-02** Read first time `reading-1`
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- **2021-02-03** Read second time `reading-2`
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- **2021-02-03** Committee amendment agreed to
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- **2021-02-03** Engrossed by House as amended HB2137E
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- **2021-02-03** Printed as engrossed 21101625D-E
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- **2021-02-04** Read third time and passed House (54-Y 46-N) `passage, reading-3`
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- **2021-02-04** VOTE: Passage (54-Y 46-N)
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- **2021-02-05** Constitutional reading dispensed
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- **2021-02-05** Referred to Committee on Commerce and Labor `referral-committee`
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- **2021-02-05** Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
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- **2021-02-10** Impact statement from DPB (HB2137E)
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- **2021-02-22** Senate committee, floor amendments and substitutes offered
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- **2021-02-22** Reported from Commerce and Labor with substitute (12-Y 3-N) `committee-passage`
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- **2021-02-22** Committee substitute printed 21200524D-S1 `substitution`
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- **2021-02-22** Rereferred to Finance and Appropriations `referral-committee`
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- **2021-02-22** Reported from Finance and Appropriations (11-Y 4-N) `committee-passage`
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- **2021-02-24** Constitutional reading dispensed (39-Y 0-N)
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- **2021-02-25** Reconsideration of Senate substitute agreed to by House
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- **2021-02-25** Senate committee, floor amendments and substitutes offered
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- **2021-02-25** Senate committee, floor amendments and substitutes offered
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- **2021-02-25** Floor substitute printed 21200620D-S2 (Barker)
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- **2021-02-25** Read third time `reading-3`
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- **2021-02-25** Reading of substitute waived
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- **2021-02-25** Committee substitute rejected 21200524D-S1
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- **2021-02-25** Reading of substitute waived
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- **2021-02-25** Substitute by Senator Barker agreed to 21200620D-S2
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- **2021-02-25** Engrossed by Senate - floor substitute HB2137S2
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- **2021-02-25** Passed Senate with substitute (21-Y 18-N) `passage`
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- **2021-02-25** Placed on Calendar
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- **2021-02-25** Senate substitute agreed to by House 21200620D-S2 (52-Y 44-N)
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- **2021-02-25** VOTE: Adoption (52-Y 44-N)
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- **2021-02-25** Reconsideration of Senate substitute agreed to by House
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- **2021-02-25** Senate substitute agreed to by House 21200620D-S2 (54-Y 44-N)
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- **2021-02-25** VOTE: Adoption #2 (54-Y 44-N)
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- **2021-03-01** Impact statement from DPB (HB2137S2)
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- **2021-03-09** Enrolled
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- **2021-03-09** Signed by President
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- **2021-03-11** Signed by Speaker
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- **2021-03-15** Enrolled Bill communicated to Governor on March 15, 2021
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- **2021-03-15** Governor's Action Deadline 11:59 p.m., March 31, 2021
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- **2021-03-30** Approved by Governor-Chapter 449 (effective 7/1/21) `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/35d126b7-c62e-49e3-abf7-72a04dd2473a`. Confidence: reported (aggregated from official Virginia legislature records).
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