Del. Liz Guzmán

Research and development tax credits. Provides that the research and development expenses tax credit and the major research and development expenses tax credit shall be available against the bank franchise tax for taxable years beginning on and after January 1, 2021. Under current law, the credits are available only against the individual and corporate income tax.

Virginia Residential Property Disclosure Act; disclosures for a buyer to beware; mold. Adds to the provision of the required disclosure statement directing a buyer to beware and exercise necessary due diligence with respect to determining the condition of real property or any improvements thereon a provision advising the buyer to obtain a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency.

Nurse practitioners; practice without a practice agreement. Reduces from five to two the number of years of full-time clinical experience a nurse practitioner must have to be eligible to practice without a written or electronic practice agreement. The provisions of the bill expire on July 1, 2022.

Economic education and financial literacy requiredin middle and high school grades; employment arrangements. Addsto objectives developed and approved by the Board of Education foreconomics education and financial literacy at the middle and highschool levels the implications of various employment arrangementswith regard to benefits, protections, and long-term financial sustainability. Employment arrangements is defined in the bill as full-time employment, part-time employment, independent contract work, gig work, piecework, contingent work, day labor work, freelance work, and 1099work.

Garnishment of wages; protected portion of disposable earnings. Provides that the Virginia minimum hourly wage shallbe used to calculate the amount of a person's aggregate disposableearnings protected from garnishment if it is greater than the federalminimum hourly wage.

Sale or transfer of firearms; criminal historyrecord information check delay. Increases from three businessdays to five business days the time provided for the Department of State Police to complete a background check before a firearm maybe transferred. If a dealer who has otherwise fulfilled all requirementsis told by the State Police that a response will not be availableby the end of the dealer's fifth business day, the dealer may completethe sale or transfer without being deemed in violation.

Arrest and prosecution when experiencing orreporting overdoses. Prohibits the arrest or prosecution of anindividual for the unlawful purchase, possession, or consumptionof alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernaliaif (i) such individual, in good faith, renders emergency care orassistance, including cardiopulmonary resuscitation (CPR) or theadministration of naloxone or other opioid antagonist for overdosereversal, to an individual experiencing an overdose while anotherindividual seeks or obtains emergency medical attention; (ii) suchindividual remains at the scene of the overdose or at any locationto which he or the individual requiring emergency medical attentionhas been transported; (iii) such individual identifies himself tothe law-enforcement officer who responds; and (iv) the evidence fora prosecution of one of the enumerated offenses would have been obtainedonly as a result of the individual's rendering emergency care orassistance. Current law prohibitsarrest or prosecution for such offenses only to an individual whoseeks or obtains emergency medical attention for himself or anotherindividual or who is experiencing an overdose when another individualseeks or obtains emergency medical attention for him.

Teachers and other licensed school board employees;cultural competency. The bill requires teacher, principal, and division superintendent evaluations to include an evaluation ofcultural competency. The bill requires every person seeking initiallicensure or renewal of a license from the Board of Education (i)to complete instruction or training in cultural competency and (ii)with an endorsement in history and social sciences to complete instructionin African American history, as prescribed by the Board. The billalso requires each school board to adopt and implement policies that require each teacher and any other school board employee holdinga license issued by the Board to complete cultural competency training,in accordance with guidance issued by the Board, at least every twoyears.

Virginia Human Rights Acts; discrimination onthe basis of disability. Adds discrimination on the basis ofdisability as an unlawful employment practice under the VirginiaHuman Rights Act. The bill also requires employers, defined in thebill, to make reasonable accommodation to the known physical and mentalimpairments of an otherwise qualified person with a disability, ifnecessary to assist such person in performing a particular job, unlessthe employer can demonstrate that the accommodation would imposean undue hardship on the employer. The bill also prohibits employersfrom taking any adverse action against an employee who requests oruses a reasonable accommodation, from denying employment or promotionopportunities to an otherwise qualified applicant or employee because such employer will be required to make reasonable accommodation tothe applicant or employee, or from requiring an employee to takeleave if another reasonable accommodation can be provided to the known limitations related to the disability. The bill creates a cause of action against any employer who denies any of the rights to reasonable accommodation afforded by the bill and permits the court or juryto award compensatory damages, back pay, and other equitable relief.

Access to water; human right. Recognizing that access to clean, potable, and affordable water is a necessary human right.