Del. Kathy Tran

Notaries; satisfactory evidence of identity;persons in nursing homes or assisted living facilities. Allowsexpired state issued driver's licenses or state issued identificationcards and expired passports to be used as a means of identificationfor notarial purposes for individuals residing in nursing homes orassisted living facilities, provided such expired documents expiredwithin five years of the date of use for such identification purposes.

English language learner students; guidance, information,programs, and policies. Requires the Superintendent of Public Instructionto (i) develop guidance for school boards to improve the process for theidentification of English language learner students for eligibility for giftedand talented programs and address the underrepresentation of such students insuch programs that includes methods for recognizing and addressing potentialchallenges in such process and facilitating professional development for andcollaboration among the teachers involved in such process, including teachersin English language learner programs and teachers in gifted and talentedprograms; (ii) encourage any school board of a local school division in whichEnglish language learner students struggle to achieve at a high level toprioritize the utilization of the state funds available to the school board toimprove such levels of achievement; and (iii) in consultation with experts whopossess knowledge and experience in assessing the language proficiency andacademic performance of English language learner students, annually collect andreport data on the English proficiency level, program placement, and academiclanguage development, including oral academic language, of each Englishlanguage learner student and appropriate and effective measures for improvingassessments for and the English proficiency of English language learnerstudents. The bill requires the school board in any school division in which 20or more English language learner students in one language classification areenrolled at any grade level in kindergarten through grade five, to provide aone-way or two-way dual language immersion program or early exit or late exittransitional bilingual program for such students, as such programs are definedby the Board of Education pursuant to regulation. The bill requires each schoolboard to provide a content-based or pull-out English as a second languageprogram, as such programs are defined by the Board of Education pursuant toregulation, for all other enrolled English language learner students. The billrequires each school board to adopt policies to (a) support oral and writtencommunication between school board employees and the parents of each enrolledstudent in such parents' native language; (b) pursue community support toaccelerate the literacy and achievement of English language learner students;(c) conduct school satisfaction surveys in the native language of each surveyedindividual, when practicable; and (d) ensure that literacy strategies sent tothe parents of enrolled English language learner students who read below gradelevel are tailored to promote reading proficiency in English and the student'snative language. The bill also requires any Head Start program offered in theCommonwealth to provide the parents of English language learner students withoral and written information to monitor the program's impact on theirchildren's English and native language proficiency and development.

Fair Employment Contracting Act; sexual harassment policy. Requires contracting agencies that employ more than five employees and that enter into government contracts of over $10,000 to include a provision in the contract requiring (i) the contractor to provide training on the contractor's sexual harassment policy to all supervisors and employees providing services in the Commonwealth that have not received such training or any sexual harassment training required by the Department of Human Resource Management within the year in which the contract is signed and (ii) that the contractor agree to post the contractor's sexual harassment policy in a conspicuous public place in each building located in the Commonwealth owned or leased by the contractor for business purposes or in the contractor's employee handbook.

Health insurance; cost-sharing payments for prescription insulin drugs. Prohibits health insurance companies and other carriers from setting an amount exceeding $30 per 30-day supply that a covered person is required to pay at the point of sale in order to receive a covered prescription insulin drug. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i) authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a covered prescription insulin drug in an amount that exceeds such limitation. This bill incorporates HB 1403.

Health benefit plans; special exception. Repeals a provision of the Code of Virginia authorizing health carriers to sell, issue, or offer for sale any health benefit plan that would otherwise not be permitted to be sold, issued, or offered for sale due to conflict with the requirements of the federal Patient Protection and Affordable Care Act (PPACA), to the extent that the(a) the appropriate federal authority has suspended enforcement of provisions of the PPACA or (b) the requirements of the PPACA are amended by any federal law.

Public institutions of higher education; eligibility for in-state tuition. Provides that any student is eligible for in-state tuition who (i) attended high school for at least two years in the Commonwealth and either (a) graduated on or after July 1, 2008, from a public or private high school or program of home instruction in the Commonwealth or (b) passed, on or after July 1, 2008, a high school equivalency examination approved by the Secretary of Education; (ii) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis has filed, unless exempted by state law, Virginia income tax returns for at least two years prior to the date of registration or enrollment; and (iii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill states that students who meet these criteria shall be eligible for in-state tuition regardless of their citizenship or immigration status, except students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M). Information obtained in the implementation of the provisions of the bill shall only be used or disclosed to individuals other than the student for purposes of determining in-state tuition eligibility. This bill incorporates HB 1138 and is identical to SB 935.

Coal ash ponds; well monitoring program; drinking water well testing. Requires each utility, defined in the bill as the owner or operator of a coal ash pond, to commission an independent well water test on behalf of the owner of any well located within 1.5 miles of such coal ash pond by January 1, 2021, and requires such test to be conducted once per year during each of the five years following the approval of the closure of the coal ash pond and once every five years thereafter. The bill provides that if any test exceeds groundwater quality standards for constituents associated with coal ash, the Virginia Waste Management Board shall instruct the utility to provide alternative water supplies to the owner of the well. The bill requires the Department of Environmental Quality to consider the results of the tests in its permitting, monitoring, or enforcement proceedings.

Electric utilities; notice before terminating service.Prohibits an electric utility from terminating the residential service of acustomer for nonpayment for metered services when the electric utility believesthat the customer is receiving or has received electric utility services forwhich the customer was not properly billed as the result of tampering with theelectric utility's meter until the electric utility has (i) retrieved the meterfrom the customer's premises, which may be done without providing prior noticeto the customer; (ii) immediately replaced it with a new meter; and (iii)tested the suspected meter to determine whether the meter has been tamperedwith. The measure requires the electric utility to provide the customer with adetailed invoice billing the customer for the amount owed by the customer as aresult of the meter's failure. The electric utility is required to provide thecustomer one full billing period to pay the amount billed in such invoice. Themeasure authorizes a customer to petition the State Corporation Commission fora review of an electric utility's finding, the results of a test, or theutility's calculation of the amount owed. These requirements do not apply if(a) the condition of a customer's wiring, equipment, or appliances is eitherunsafe or unsuitable for receiving the utility service; (b) the customer's useof the utility service or equipment interferes with or may be detrimental tothe utility's facilities or to the provision of utility service by the utilityto any other customer; or (c) electric service is furnished over a line that isnot owned or leased by the utility and the line is either not in a safe andsuitable condition or is inadequate to receive electric utility service.

Minority language accessibility; voting and election materials. Requires the State Board of Elections to prescribe, and a covered locality to provide, voting and election materials in languages other than English. A county, city, or town is designated by the State Board as a covered locality if the State Board determines, in consultation with the Director of the Census, based on the 2010 American Community Survey census data and subsequent American Community Survey data in five-year increments, or comparable census data, that (i) either (a) more than five percent of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; (b) more than 10,000 of the citizens of voting age of such county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; or (c) in the case of a county, city, or town containing all or any part of an Indian reservation, more than five percent of the American Indian citizens of voting age within the Indian reservation are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process and (ii) the illiteracy rate of the citizens of the language minority as a group is higher than the national illiteracy rate. The bill also allows the State Board to make available voting and election materials in any additional languages other than those required as it deems necessary and appropriate. The State Board may accept voting and election materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available to a county, city, or town, or any voter. The bill has a delayed effective date of September 1, 2021.

Worker cooperatives. Establishes worker cooperatives as a category of cooperative associations. A worker cooperative is a stock corporation that has elected to be governed by provisions established by this measure, which include (i) conducting its business primarily for the mutual benefit of its members, (ii) allowing only current and retired employees to be members, (iii) limiting voting rights to current employees, (iv) providing that each employee is entitled to one vote, (v) prohibiting any person from owning more than one membership share, (vi) requiring at least two-thirds of employees to own membership shares, and (vii) requiring that net earnings be paid or credited to members in accordance with the ratio that each member's amount of work performed during a period bears to the total amount of work performed by all members during that period.