Virginia 2020 Regular Session Status: Passed Senate

SB 645 — Local arbitration agreements; disclosure of certain information.

Last action — Left in Courts of Justice

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Local arbitration agreements; disclosure of certain information. Requires a locality, for any procurement contract for goods and services except for construction, construction-related services, transportation construction, or transportation-related construction--and any purchasing decision to ensure that solicitations require the bidder or offeror to disclose certain information regarding pre-dispute arbitration clauses and consider each bidder or offeror's policies and practices related to arbitration. The bill requires each locality to seek to contract with qualified entities and business owners that can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers, and to evaluate bidders and offerors based on disclosures required under the bill, in the event no bidder or offeror can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers. The bill authorizes a locality to cancel, terminate, or suspend, in whole or in part, the contract of any contractor who violates a provision of the bill and declare the contractor ineligible for further contracts with such locality.

Bill Text

What changed in the latest version

120 added · 174 removed

Plain-language change summary

The updated version of Bill SB 645 introduces sections that define key terms related to arbitration agreements, such as "consumer dispute" and "employment dispute." These additions clarify what types of conflicts can be involved in arbitration, which helps to protect consumers and employees by ensuring there are clear guidelines for resolving these issues. This change matters because it aims to create a fairer process for disputes, making it easier for individuals to understand their rights and the conditions under which their disputes may be arbitrated.

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SESSION history | hilite | pdf | print version 20104696D SENATE BILL NO.
SESSION history | hilite | pdf | print version 20106982D SENATE BILL NO.
645 Offered January 8, 2020 Prefiled January 7, 2020 A BILL to amend the Code of Virginia by adding in Chapter 43 of Title 2.2 an article numbered 7, consisting of sections numbered 2.2-4377.1 through 2.2-4377.5, relating to local arbitration agreements.
645 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on General Laws and Technology on January 29, 2020) (Patron Prior to Substitute--Senator Surovell) A BILL to amend the Code of Virginia by adding in Chapter 43 of Title 2.2 an article numbered 7, consisting of sections numbered 2.2-4377.1 through 2.2-4377.5, relating to local arbitration agreements.
---------- Patron-- Surovell ---------- Referred to Committee on General Laws and Technology ---------- Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
For any procurement contract for goods and services, including construction, and any purchasing decision, a locality shall ensure that solicitations require the bidder to disclose information regarding pre-dispute arbitration clauses.
For any procurement contract for goods and services and any purchasing decision, a locality shall ensure that solicitations require the bidder or offeror to disclose information regarding pre-dispute arbitration clauses.
The locality shall require the bidder to provide written submissions, together with any documents referenced in such submissions, to allow the locality to ascertain:
The locality shall require the bidder or offeror to provide written submissions, together with any documents referenced in such submissions, to allow the locality to ascertain:
Whether the bidder requires employees to sign a contract containing a pre-dispute arbitration clause as a condition of employment;
Whether the bidder or offeror requires employees to sign a contract containing a pre-dispute arbitration clause as a condition of employment;
If there is an opt-out provision, what percentage of the bidder's workforce has opted out of the pre-dispute arbitration clause;
If there is an opt-out provision, what percentage of the bidder or offeror's workforce has opted out of the pre-dispute arbitration clause;
Whether the bidder requires consumers to sign a contract containing a pre-dispute arbitration clause as a condition of purchasing products or services;
Whether the bidder or offeror requires consumers to sign a contract containing a pre-dispute arbitration clause as a condition of purchasing products or services;
The estimated costs the bidder's employees or consumers are required to bear to pursue arbitration;
The estimated costs the bidder or offeror's employees or consumers are required to bear to pursue arbitration;
Whether the pre-dispute arbitration clause designates a venue other than the state in which non-bidder party resides;
Whether the pre-dispute arbitration clause designates a venue other than the state in which non-bidder or non-offeror party resides;
How many times the bidder filed a motion to compel arbitration in a judicial proceeding in the last five years;
How many times the bidder or offeror filed a motion to compel arbitration in a judicial proceeding in the last five years;
How many requests for arbitration the bidder received in the last five years;
How many requests for arbitration the bidder or offeror received in the last five years;
Whether the bidder's retainer agreement with its arbitral provider gives the bidder's directors and executives access to arbitration outcomes or findings;
Whether the bidder or offeror's retainer agreement with its arbitral provider gives the bidder or offeror's directors and executives access to arbitration outcomes or findings;
Who reviews the bidder's arbitration outcomes and how the arbitration outcomes are evaluated;
Who reviews the bidder or offeror's arbitration outcomes and how the arbitration outcomes are evaluated;
Whether the bidder retains authority to take independent action to make personnel changes based on arbitral findings.
Whether the bidder or offeror retains authority to take independent action to make personnel changes based on arbitral findings.
Such disclosures shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) § 2.2-4377.3.
Such disclosures shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) C.
No disclosure requirements shall apply to procurements for construction, construction-related services, transportation construction, or transportation-related construction.
§ 2.2-4377.3.
In addition to other factors relevant to awarding contracts under existing law, a locality shall consider each bidder's policies and practices related to arbitration as disclosed in submissions required pursuant to § 2.2-4377.2.
In addition to other factors relevant to awarding contracts under existing law, a locality shall consider each bidder or offeror's policies and practices related to arbitration as disclosed in submissions required pursuant to § 2.2-4377.2.
If no otherwise qualified bidder can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers, a locality shall evaluate the disclosures provided pursuant to § 2.2-4377.2 in selecting a bidder.
If no otherwise qualified bidder or offeror can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers, a locality shall evaluate the disclosures provided pursuant to § 2.2-4377.2 in selecting a bidder or offeror.
No bidder that fails to disclose the information required pursuant to § 2.2-4377.2 shall be eligible to enter a contract to provide goods or services to a locality.
No bidder or offeror that fails to disclose the information required pursuant to § 2.2-4377.2 shall be eligible to enter a contract to provide goods or services to a locality.
View plain text versions (2)

Action History

  1. Left in Courts of Justice

  2. Subcommittee failed to recommend reporting (4-Y 4-N)

  3. Referred to Committee for Courts of Justice

  4. Motion to refer to committee agreed to

  5. Read third time

  6. Passed by for the day

  7. Passed by for the day

  8. Read second time

  9. Reported from General Laws with amendments (15-Y 6-N)

  10. Subcommittee recommends reporting with amendments (7-Y 1-N)

  11. House subcommittee amendments and substitutes offered

  12. Assigned GL sub: Open Government/Procurement

  13. Referred to Committee on General Laws

  14. Read first time

  15. Placed on Calendar

  16. Read third time and passed Senate (21-Y 19-N)

  17. Engrossed by Senate - committee substitute SB645S1

  18. Committee substitute agreed to 20106982D-S1

  19. Reading of substitute waived

  20. Read second time

  21. Constitutional reading dispensed (37-Y 0-N)

  22. Committee substitute printed 20106982D-S1

  23. Reported from General Laws and Technology with substitute (8-Y 6-N)

  24. Impact statement from DHCD/CLG (SB645)

  25. Referred to Committee on General Laws and Technology

  26. Prefiled and ordered printed; offered 01/08/20 20104696D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 27 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Failed 4 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4401
Total 4401
% of votes cast 44%44%0%11%
How each member voted (9)

Official roll call →

Passed 15 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15601
Total 15601
% of votes cast 68%27%0%5%
How each member voted (22)

Official roll call →

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Nay
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 37003
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Not Voting
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Not Voting
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Not Voting
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 8 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8600
Total 8600
% of votes cast 57%43%0%0%
How each member voted (14)

Official roll call →

Subjects

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Frequently asked questions

What does SB 645 do?
Local arbitration agreements; disclosure of certain information. Requires a locality, for any procurement contract for goods and services except for construction, construction-related services, transportation construction, or transportation-related construction--and any purchasing decision to ensure that solicitations require the bidder or offeror to disclose certain information regarding pre-dispute arbitration clauses and consider each bidder or offeror's policies and practices related to arbitration. The bill requires each locality to seek to contract with qualified entities and business owners that can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers, and to evaluate bidders and offerors based on disclosures required under the bill, in the event no bidder or offeror can demonstrate or will certify that they do not use pre-dispute arbitration clauses in contracts with employees or consumers. The bill authorizes a locality to cancel, terminate, or suspend, in whole or in part, the contract of any contractor who violates a provision of the bill and declare the contractor ineligible for further contracts with such locality.
Who sponsors SB 645?
SB 645 is sponsored by Scott A. Surovell.
What is the current status of SB 645?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 645?
Track SB 645 free on One Click Politics — get push/email alerts when it moves.

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