Del. Lee J. Carter

Workers' compensation; injuries caused by repetitiveand sustained physical stressors. Provides that, for the purposesof the Virginia Workers' Compensation Act, "occupational disease"includes injuries from conditions resulting from repetitive and sustainedphysical stressors, including repetitive and sustained motions, exertions,posture stress, contact stresses, vibration, or noise. The bill providesthat such injuries are covered under the Act. Such coverage doesnot require that the injuries occurred over a particular period,provided that such a period can be reasonably identified and documentedand further provided that the employment is shown to have primarily caused the injury, considering all causes.

Memorializing Congress; H.R. 6422; NationalInfrastructure Bank. Urges the Congress of the United Statesto pass H.R. 6422 and create a National Infrastructure Bank to financeurgently needed infrastructure projects.

Voting Rights for Women Month. DesignatesNovember, in 2021 and in each succeeding year, as Voting Rights forWomen Month in Virginia.

Teacher compensation; at or above national average.Requires that public school teachers be compensated at a rate thatis at or above the national average. Under current law, compensationat such rate is aspirational. The bill requires state funding tobe provided pursuant to the general appropriation act in a sum sufficientto fund a 4.5 percent annual increase for public school teacher salaries,effective from the 2022-23 school year through the 2026-27 schoolyear. The bill has a delayed effective date of July 1, 2022.

Presidential electors; National Popular VoteCompact. Enters Virginia into an interstate compact known asthe Agreement Among the States to Elect the President by NationalPopular Vote. Article II of the Constitution of the United Statesgives the states exclusive and plenary authority to decide the mannerof awarding their electoral votes. Under the compact, Virginia agreesto award its electoral votes to the presidential ticket that receivesthe most popular votes in all 50 states and the District of Columbia.The compact goes into effect when states cumulatively possessinga majority of the electoral votes have joined the compact. A statemay withdraw from the compact; however, a withdrawal occurring withinsix months of the end of a President's term shall not become effectiveuntil a President or Vice President has qualified to serve the next term.

Civil action for deprivation of rights; dutiesand liabilities of certain employers in employing or contractingfor the services of law-enforcement officers. Creates a civilaction for the deprivation of a person's rights by a law-enforcementofficer and provides that a plaintiff may be awarded compensatorydamages, punitive damages, and equitable relief as well as reasonableattorney fees and costs. The bill provides that sovereign immunityand limitations on liability or damages shall not apply to such actionsand that qualified immunity is not a defense to liability for such deprivation of rights. Finally, the bill provides that any publicor private entity that employs or contracts for the services of alaw-enforcement officer owes a duty of reasonable care to third partiesin its hiring, supervision, training, retention, and use of suchofficers under its employment or contract.

Constitutional amendment (first reference);legislative compensation; Legislative Compensation Commission.Establishes the Legislative Compensation Commission, charged withdetermining the salaries, allowances, and retirement benefits ofthe members of the General Assembly. Members would receive no compensationfrom the Commonwealth other than the compensation determined by theCommission. The Commission is established by appointment of the GeneralAssembly every four years beginning July 1, 2026.

Commending Karen Campblin.

Constitutional amendment (first reference);marriage; repeal of same-sex marriage prohibition; recognition ofsame-sex marriages. Repeals the constitutional provision definingmarriage as only a union between one man and one woman, as well asthe related provisions that are no longer valid as a result of theUnited States Supreme Court decision in Obergefell v. Hodges,576 U.S. 644 (2015). The amendment provides that the Commonwealthand its political subdivisions and its agents are required to issuemarriage licenses, recognize marriages, and treat all marriages equallyunder the law, regardless of the gender of the two parties to themarriage. The amendment further provides that religious organizationsand clergy acting in their religious capacity have the right to refuseto perform any marriage.

Marijuana; legalization of cultivation, manufacture, sale, possession, and testing; penalties. Establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill also grants localities the authority to enact ordinances establishing additional licensing requirements for marijuana establishments located within such locality and allows the home cultivation of marijuana for personal use under certain circumstances. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education. Finally, the bill establishes several new criminal penalties related to marijuana, as well as modifies some existing criminal penalties. This bill was incorporated into HB 2312.