Del. Marcus Simon

Virginia African Diaspora Advisory Board. Establishes the Virginia African Diaspora Advisory Board to advise the Governor on ways to improve economic and cultural links between the Commonwealth and African nations, with a focus on the areas of commerce and trade, agriculture, art, education, and government. The Board is composed of 18 nonlegislative citizen members, of whom at least 15 must be persons who identify as part of the African diaspora, to be appointed by the Governor. The Secretaries of Agriculture and Forestry, Commerce and Trade, and Education or their designees serve as ex officio members.

Charter; City of Portsmouth; recall of electiveofficers. Makes various changes to the City of Portsmouth's processfor recall of an elective officer, including (i) applying provisionsto an officer who has been appointed to fill an elective office,(ii) making the law apply immediately rather than after one yearfrom the beginning of an officer's term, (iii) specifying the specificcauses that may trigger the recall process, and (iv) allowing a judgeof the Circuit Court of the City of Portsmouth to hold a hearingand take evidence to determine the sufficiency of the recall petition.

Study; JLARC; effects of gun violence on communities;report. Directs the Joint Legislative Audit and Review Commissionto study the social, physical, emotional, and economic effects ofgun violence on communities across the Commonwealth.

Breeding dogs or cats for foreign animal testingfacility prohibited; penalty. Prohibits a person from breedingor raising a dog or cat for the purpose of selling or transferringthe dog or cat, or its offspring, to an animal testing facility outsideof the United States. A violation of the bill is a Class 1 misdemeanor.

Elections; removal of officers; recall elections;petition. Provides for the removal of certain elected officersand officers appointed to elected offices by recall referendum. Thebill requires a petition for recall be signed by 30 percent of thetotal number of votes cast at the last election for the office forwhich a recall is sought.

Telework expenses tax credit. Reinstatesthe telework expenses tax credit for taxable years 2022 through 2031.The previous version of the credit expired on January 1, 2019. Thebill removes requirements that were in place under the previous versionof the credit, such as requiring the employee and employer to signa telework agreement. The bill also eliminates a previous requirementthat credit claimants apply for and reserve credits in advance andinstead directs the Department of Taxation to develop proceduresfor claiming the credit.

Public schools; English language learners. Requires state funding to be provided to support new divisionwide ratiosof English learner students in average daily membership to full-time equivalent teaching positions, as follows: (i) for each English language learner identified as proficiency level one, one position per 25students; (ii) for each English language learner identified as proficiencylevel two, one position per 30 students; (iii) for each English languagelearner identified as proficiency level three, one position per 40 students; and (iv) for all other English language learners, one positionper 50 students.

Study; Department of Transportation; transitequity and engagement opportunities for people with disabilities;report. Requests the Department of Transportation to study transitequity and modernization in the Commonwealth, with an emphasis ontransit services and engagement opportunities for people with disabilities.

Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second or subsequent offense.

Civil action for the deprivation of rights;duties and liabilities of certain employers. Creates a civilcause of action for the deprivation of any rights, privileges, orimmunities pursuant to the constitutions and laws of the United Statesand the Commonwealth due to the acts or omissions of either a publicemployer or its employee and provides that a plaintiff may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against the public employerand its employee. The bill provides that sovereign immunity is nota defense to such an action. The bill further provides that publicemployers owe a duty of reasonable care to third parties in the hiring,supervision, training, retention, and use of their employees andthat a person who claims to have suffered injury or sustained damagescaused, in whole or in part, by a breach of this duty may maintainan action to establish liability and recover compensatory damages,punitive damages, and equitable relief against such public employer.