Del. Kaye Kory

Plastic bag tax in the Chesapeake Bay Watershed. Imposes a five-cent per bag tax on plastic bags provided to customers by certain retailers in localities located wholly within the Chesapeake Bay Watershed and directs revenues to be used to support the Chesapeake Bay Watershed Implementation Plan. The bill also allows every retailer that collects the tax to retain one cent of every five cents collected. This bill was incorporated into SB 11.

Nonpayment of wages; private action. Affirmsthat an employee has cause of action against an employer who failsto pay wages to recover the wages and prejudgment interest at eightpercent annually from the date the wages were due. The measure providesthat if the court finds that the employer knowingly failed to paythe wages, it shall also award the employee reasonable attorney feesand court costs. If the court finds that the employer's failure topay wages was willful and with intent to defraud the employee, thecourt shall also award the employee reasonable attorney fees and court costs plus an additional sum equal to the amount of wages due.

Instructional positions; students identified as having limited English proficiency. Requires state funding to be provided pursuant to the general appropriation act to support 20 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency. Current law requires state funding to support 17 such positions for each 1,000 such students. This bill was incorporated into HB 975.

Teachers; probation and dismissal. Specifies that a teacher may be placed on probation for incompetency, immorality, noncompliance with school laws and regulations, disability as shown by competent medical evidence when in compliance with federal law, conviction of a felony or a crime of moral turpitude, or other good and just cause. The bill replaces the current condition constituting incompetency, for the purposes of teacher employment, of one or more unsatisfactory performance evaluations with the condition of more than one unsatisfactory performance evaluation or one unsatisfactory performance evaluation coupled with a finding by the division superintendent that the teacher (i) exhibited a pattern of poor performance or (ii) failed to respond to efforts to improve his performance. The bill extends from 10 business days to 15 business days the deadline for a teacher to request a hearing after receiving written notice of a recommendation of dismissal. The bill also staggers by 10 days (a) the opportunity for a teacher recommended for dismissal to inspect and copy his personnel file and all other documents relied upon in reaching the decision to recommend dismissal and (b) the opportunity for the division superintendent to inspect and copy the documents to be offered in rebuttal to the decision to recommend dismissal. The bill also extends from 15 business days to 30 business days the deadline for the school board or hearing officer to set a hearing after a request for a hearing by a teacher recommended for dismissal. This bill was incorporated into HB 365.

Standards of Learning; review; racism and inequity. Requires the Board of Education, in its review of the Standards of Learning in all subject areas, to consider the need for revisions to remove any racist or inequitable elements of such standards. This bill was incorporated into HB 916.

Voter identification; repeal of photo identification requirements. Removes the requirement that voters show a form of identification containing a photograph in order to be allowed to vote. The bill requires a voter to show either his voter registration confirmation documents; his valid Virginia driver's license, his valid United States passport, or any other identification issued by the Commonwealth, one of its political subdivisions, or the United States; any valid student identification card issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth; any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer's business; or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. The bill adds language regarding identification requirements for certain voters pursuant to the federal Help America Vote Act of 2002. This bill was incorporated into SB 65.

Virginia Fair Housing Law; unlawful discriminatoryhousing practices; sexual orientation and gender identity. Addsdiscrimination on the basis of an individual's sexual orientationor gender identity as an unlawful housing practice. The bill defines"sexual orientation" and "gender identity." This bill was incorporatedinto HB 1663.

Public employees; collective bargaining.Authorizes state and local government officers, agents, and governingbodies to recognize any labor union or other employee associationas a bargaining agent of any public officers or employees and tocollectively bargain with any such union or association.

Health insurance; coverage for case managementservices and peer support services. Requires health insurancepolicies, subscription contracts, and health care plans to providecoverage for (i) case management services that are prescribed bya licensed physician for a covered individual who has a primary diagnosisof a substance abuse disorder and (ii) peer support services forany covered person who has a primary diagnosis of a mental health disorder other than substance abuse disorder.

Minimum wage; tipped employees. Providesthat the cash wage paid to a tipped employee, as defined in the bill, shall not be less than 50 percent of the minimum wage and that thetip credit shall equal the difference between the cash wage requiredto be paid to a tipped employee and the minimum wage.