Rep. Ken Plum

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.

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.

Campaign finance; prohibited personal use ofcampaign funds; complaints, hearings, civil penalty, and advisoryopinions. Prohibits any person from converting contributionsto a candidate or a candidate's campaign committee for their personal use. Current law only prohibits such conversion of contributionswith regard to disbursement of surplus funds at the dissolution ofa campaign or political committee. The bill provides that a contributionis considered to have been converted to personal use if the contribution,in whole or in part, is used to fulfill any commitment, obligation,or expense that would exist irrespective of the person's seeking,holding, or maintaining public office but excepts from "personaluse" the ordinary and accepted expenses related to campaigning foror holding elective office, including the use of campaign funds topay for the candidate's child care expenses that are incurred as adirect result of campaign activity. Any person subject to the personaluse ban may request an advisory opinion from the State Board of Electionson such matters. The bill directs the State Board of Elections toadopt emergency regulations similar to those promulgated by the FederalElection Commission to implement the provisions of the bill and toprovide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any new regulations promulgatedby the State Board of Elections.

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers, grocery store workers, and home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Additionally, the bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers.

Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services (the Department) to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency through the provision of language access services, including oral interpretation and written translations, free of charge, and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program or any purpose related to civil immigration enforcement unless the subject of the information consents to such disclosure or the requesting agency presents a valid judicial order, subpoena, or warrant. The bill also requires the Department to establish a workgroup composed of individuals with experience conducting outreach to individuals who are eligible for the program established by the bill to advise and assist the Department in carrying out marketing and outreach activities required by the bill, and to seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established by the bill.  

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction but upon release from incarceration for that felony conviction and without further action required of him, such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Virginia Asian American, Pacific Islander, Latino,and Indigenous Education Advisory Board; establishment. Establishesthe 29-member Virginia Asian American, Pacific Islander, Latino,and Indigenous Education Advisory Board as an advisory board in theexecutive branch of state government for the purpose of advisingthe Governor, his Cabinet members, and the General Assembly on the current ways that Asian American, Pacific Islander, Latino, and Indigenous history is described in the relevant Standards of Learning and associated curriculum frameworks; how that content is taught in classrooms;and strategies to develop Asian American and Pacific Islander historyand social studies elective courses, Latino history and social studies elective courses, and Indigenous history and social studies electivecourses.

Public school buses; seat belts. Requiresthe Board of Education to make regulations to require each new publicschool bus purchased for the transportation of students to be equippedwith a seat belt consisting of a lap belt and shoulder strap or harnessin every seat. The bill requires each school board to ensure thatno later than July 1, 2040, each school bus that it uses for thetransportation of students is equipped with a seat belt in every seat.

Health carriers; denial of coverage; quarterlyreport. Requires each health carrier in the Commonwealth to submitto the State Corporation Commission on a quarterly basis a reportof all first-time denials of coverage, including denials based onpreexisting conditions and experimental or investigational treatments.The bill states that a health carrier must inform a covered personof his right to an internal appeal or, if applicable, an externalreview, upon issuing a denial of coverage. The bill has an expirationdate of July 1, 2024.