HB 582 — Employees of local governments; collective bargaining.
Last action — Enacted, Chapter 1209 (effective 5/1/21)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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45 sponsors
1 primary, 44 co-sponsors signed on.
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Mixed recorded votes
12 passed, 2 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Labor and employment; collective bargaining; employees of counties, cities, and towns. Permits counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and their employees, and including public school employees and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment. The bill provides that for any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body is required, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, to take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. The bill provides that the prohibition against striking for public employees applies, irrespective of any such local ordinance. This bill is identical to SB 939.
Bill Text
What changed in the latest version
7 added · 170 removedPlain-language change summary
The latest version of Bill HB 582 includes a new section that clarifies the process for reporting technical issues when using the legislative information system. Meanwhile, a significant number of lines detailing various tracking features and links to resources have been removed. This change helps streamline the bill by focusing on essential functions and reducing clutter, making it easier for users to navigate the system when they encounter problems.
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SESSION history | hilite | pdf | print version CHAPTER 1209 An Act to amend and reenact §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia, relating to employees of local governments;
collective bargaining.
[H 582] Approved April 22, 2020 Be it enacted by the General Assembly of Virginia:
1.
That §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-55.
Employee striking terminates, and becomes temporarily ineligible for, public employment.
A.
Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next twelve 12 months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them.
B.
The provisions of subsection A shall apply to any employee of any county, city, or town or local school board without regard to any local ordinance or resolution adopted pursuant to § 40.1-57.2 by such county, city, or town or school board that authorizes its employees to engage in collective bargaining.
§ 40.1-57.2.
Collective bargaining.
A.
No state, county, municipal city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution.
Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit.
As used in this section, "county, city, or town" includes any local school board, and "public officers or employees" includes employees of a local school board.
B.
No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body's authority to establish the budget or appropriate funds.
C.
For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body.
Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.
D.
Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.
§ 40.1-57.3.
Certain activities permitted.
Nothing in this article shall be construed to prevent employees of the Commonwealth, of its political subdivisions, or of any governmental agency of any of them from forming associations for the purpose of promoting their interests before the employing agency and, if they are employees of a county, city, or town or local school board that has, by a local ordinance or resolution as provided in § 40.1-57.2, authorized its employees to engage in collective bargaining, from doing so as provided in such ordinance or resolution.
2.
That the provisions of this act shall become effective on May 1, 2021.
View plain text versions (6)
- Enrolled Reenrolled bill text (HB582ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1209) View text Current html April 22, 2020
- Bill text as passed House and Senate (HB582ER) View text html March 18, 2020
- HB582H2 View text html March 07, 2020
- Committee Substitute Engrossed by Senate - committee substitute HB582S1 html February 24, 2020
- Committee Substitute Engrossed by House - committee substitute with amendments HB582EH1 html February 05, 2020
Action History
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Enacted, Chapter 1209 (effective 5/1/21)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB582ER2)
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Reenrolled
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Governor's recommendation adopted
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Chair votes Yes
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Senate concurred in Governor's recommendation (20-Y 20-N)
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VOTE: (49-Y 44-N)
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House concurred in Governor's recommendation (49-Y 44-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 20, 2020
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Impact statement from DPB (HB582ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Conference report agreed to by Senate (21-Y 18-N)
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VOTE: Adoption (53-Y 46-N)
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Conference report agreed to by House (53-Y 46-N)
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Conference substitute printed 20109911D-H2
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Amended by conference committee
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Conferees appointed by Senate
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Conferees appointed by House
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House acceded to request
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Senate requested conference committee
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Senate insisted on substitute (22-Y 18-N)
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VOTE: REJECTED #2 (0-Y 97-N)
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Senate substitute rejected by House 20109070D-S1 (0-Y 97-N)
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Reconsideration of Senate substitute agreed to by House
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VOTE: Adoption (52-Y 46-N)
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Senate substitute agreed to by House 20109070D-S1 (52-Y 46-N)
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Passed Senate with substitute (21-Y 19-N)
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Engrossed by Senate - committee substitute HB582S1
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Committee substitute agreed to 20109070D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (8-Y 3-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 20109070D-S1
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Reported from Commerce and Labor with substitute (12-Y 3-N)
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Referred to Committee on Commerce and Labor
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Constitutional reading dispensed
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VOTE: Passage (54-Y 45-N)
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Read third time and passed House (54-Y 45-N)
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Impact statement from DPB (HB582EH1)
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Printed as engrossed 20106939D-EH1
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Engrossed by House - committee substitute with amendments HB582EH1
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Pending question ordered
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Amendments by Delegate O'Quinn withdrawn
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Amendments by Delegate Simon agreed to
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Amendments #1, #2, #5 and #6 by Delegate Simon agreed to
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Amendments #3 and #4 by Delegate Simon withdrawn
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Motion to pass by Delegate O'Quinn's amendments temporarily agreed to
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Read second time
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Impact statement from DHCD/CLG (HB582)
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Impact statement from DPB (HB582H1)
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Passed by for the day
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Passed by for the day
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Committee on Appropriations amendments agreed to
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Committee substitute on Labor and Commerce agreed to 20106939D-H1
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Read second time
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Read first time
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Reported from Appropriations with amendments (12-Y 8-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Appropriations
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Reported from Labor and Commerce with substitute (12-Y 9-N)
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Incorporates HB327 (Levine)
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Committee substitute printed 20106939D-H1
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House committee, floor amendments and substitutes offered
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Impact statement from DPB (HB582)
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Referred to Committee on Labor and Commerce
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Prefiled and ordered printed; offered 01/08/20 20104418D
Sponsors
- Paul E. Krizek · Cosponsor
- Joseph C. Lindsey · Cosponsor
- Alfonso H. Lopez · Cosponsor
- Delores L. McQuinn · Cosponsor
- Sam Rasoul · Cosponsor
- David A. Reid · Cosponsor
- Danica A. Roem · Cosponsor
- Don Scott · Cosponsor
- Marcus B. Simon · Cosponsor
- Shelly A. Simonds · Cosponsor
- Kathy K.L. Tran · Cosponsor
- Schuyler T. VanValkenburg · Cosponsor
- Rodney T. Willett · Cosponsor
- Lamont Bagby · Cosponsor
- Jeion A. Ward · Cosponsor
- Jennifer Carroll Foy · Cosponsor
- Joshua G. Cole · Cosponsor
- Karrie K. Delaney · Cosponsor
- Jr. C.E. Cliff Hayes · Cosponsor
- Dan I. Helmer · Cosponsor
- Charniele L. Herring · Cosponsor
- Patrick A. Hope · Cosponsor
- Michael J. Jones · Cosponsor
- Kelly K. Convirs-Fowler · Cosponsor
- Alex Q. Askew · Cosponsor
- Elizabeth R. Guzman · Primary
- Mark D. Sickles · Cosponsor
- Clinton L. Jenkins · Cosponsor
- Chris L. Hurst · Cosponsor
- Sally L. Hudson · Cosponsor
- Steve E. Heretick · Cosponsor
- Nancy D. Guy · Cosponsor
- Wendy W. Gooditis · Cosponsor
- Eileen Filler-Corn · Cosponsor
- Lee J. Carter · Cosponsor
- Jeffrey M. Bourne · Cosponsor
- Hala S. Ayala · Cosponsor
- Lashrecse D. Aird · Cosponsor
- Michael P. Mullin · Cosponsor
- Mark H. Levine · Cosponsor
- Suhas Subramanyam · Cosponsor
- Ibraheem S. Samirah · Cosponsor
- Kenneth R. Plum · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 44 co-sponsors · 103 not signed on · 77 voted No
Sponsors (1)
Co-sponsors (44)
- Paul E. Krizek Voted No
- Joseph C. Lindsey
- Alfonso H. Lopez Voted No
- Delores L. McQuinn Voted No
- Sam Rasoul Voted No
- David A. Reid Voted No
- Danica A. Roem Voted No
- Don Scott Voted No
- Marcus B. Simon Voted No
- Shelly A. Simonds Voted No
- Kathy K.L. Tran Voted No
- Schuyler T. VanValkenburg Voted No
- Rodney T. Willett Voted No
- Lamont Bagby Voted No
- Jeion A. Ward Voted No
- Jennifer Carroll Foy
- Joshua G. Cole Voted No
- Karrie K. Delaney Voted No
- C.E. Cliff Hayes, Jr. Voted No
- Dan I. Helmer Voted No
- Charniele L. Herring Voted No
- Patrick A. Hope Voted No
- Michael J. Jones
- Kelly K. Convirs-Fowler
- Alex Q. Askew
- Mark D. Sickles
- Jenkins, Clinton L. Voted No
- Hurst, Chris L. Voted No
- Hudson, Sally L.
- Heretick, Steve E. Voted No
- Guy, Nancy D. Voted No
- Gooditis, Wendy W. Voted No
- Filler-Corn, Eileen
- Carter, Lee J.
- Bourne, Jeffrey M. Voted No
- Ayala, Hala S. Voted No
- Aird, Lashrecse D. Voted No
- Mullin, Michael P. Voted No
- Levine, Mark H. Voted No
- Subramanyam, Suhas Voted No
- Samirah, Ibraheem S. Voted No
- Plum, Kenneth R. Voted No
- Kory, Kaye Voted No
- Keam, Mark L. Voted No
Not signed on (103)
103 members have not signed on to this bill.
Show all 103 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 48 | 44 | 0 | 7 |
| Total | 48 | 44 | 0 | 7 |
| % of votes cast | 48% | 44% | 0% | 7% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 18 | 0 | 1 |
| Total | 21 | 18 | 0 | 1 |
| % of votes cast | 53% | 45% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 46 | 0 | 1 |
| Total | 52 | 46 | 0 | 1 |
| % of votes cast | 53% | 46% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 96 | 0 | 3 |
| Total | 0 | 96 | 0 | 3 |
| % of votes cast | 0% | 97% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 51 | 46 | 0 | 2 |
| Total | 51 | 46 | 0 | 2 |
| % of votes cast | 52% | 46% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 3 | 0 | 5 |
| Total | 8 | 3 | 0 | 5 |
| % of votes cast | 50% | 19% | 0% | 31% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Not Voting |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Not Voting |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Not Voting |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Not Voting |
| Saslaw, Richard L. | — | Not Voting |
| Vogel, Jill Holtzman | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 3 | 0 | 0 |
| Total | 12 | 3 | 0 | 0 |
| % of votes cast | 80% | 20% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 45 | 0 | 1 |
| Total | 53 | 45 | 0 | 1 |
| % of votes cast | 54% | 45% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 8 | 0 | 2 |
| Total | 12 | 8 | 0 | 2 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Not Voting |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 9 | 0 | 1 |
| Total | 12 | 9 | 0 | 1 |
| % of votes cast | 55% | 41% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Not Voting |
| Alfonso H. Lopez | — | Yea |
| Ayala, Hala S. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Byron, Kathy J. | — | Nay |
| Christopher T. Head | — | Nay |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Heretick, Steve E. | — | Yea |
| Israel D. O'Quinn | — | Nay |
| Jeion A. Ward | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Nay |
| Michael J. Webert | — | Nay |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Nay |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Nay |
| Tony O. Wilt | — | Nay |
Subjects
Frequently asked questions
- What does HB 582 do?
- Labor and employment; collective bargaining; employees of counties, cities, and towns. Permits counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, except for Constitutional officers and their employees, and including public school employees and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment. The bill provides that for any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body is required, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, to take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. The bill provides that the prohibition against striking for public employees applies, irrespective of any such local ordinance. This bill is identical to SB 939.
- Who sponsors HB 582?
- HB 582 is sponsored by Paul E. Krizek, Joseph C. Lindsey, Alfonso H. Lopez, Delores L. McQuinn, Sam Rasoul, David A. Reid, Danica A. Roem, Don Scott, Marcus B. Simon, Shelly A. Simonds, Kathy K.L. Tran, Schuyler T. VanValkenburg, Rodney T. Willett, Lamont Bagby, Jeion A. Ward, Jennifer Carroll Foy, Joshua G. Cole, Karrie K. Delaney, C.E. Cliff Hayes, Jr., Dan I. Helmer, Charniele L. Herring, Patrick A. Hope, Michael J. Jones, Kelly K. Convirs-Fowler, Alex Q. Askew, Elizabeth R. Guzman, Mark D. Sickles, Jenkins, Clinton L., Hurst, Chris L., Hudson, Sally L., Heretick, Steve E., Guy, Nancy D., Gooditis, Wendy W., Filler-Corn, Eileen, Carter, Lee J., Bourne, Jeffrey M., Ayala, Hala S., Aird, Lashrecse D., Mullin, Michael P., Levine, Mark H., Subramanyam, Suhas, Samirah, Ibraheem S., Plum, Kenneth R., Kory, Kaye, and Keam, Mark L..
- What is the current status of HB 582?
- This bill has been enacted into law. Introduced January 06, 2020. Enacted.
- Where can I track HB 582?
- Track HB 582 free on One Click Politics — get push/email alerts when it moves.
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