Del. Cia Price

Institutions of higher education; intercollegiateathletics; student-athletes; compensation and representation. Prohibits anyprivate institution of higher education, baccalaureate public institution ofhigher education, athletic association, athletic conference, or otherorganization with authority over intercollegiate athletics from (i) providing aprospective student-athlete with compensation that results from the use of thestudent's name, image, or likeness; (ii) prohibiting or preventing astudent-athlete from earning from another individual or entity compensationthat results from the use of the student's name, image, or likeness, except incertain limited circumstances; (iii) prohibiting or preventing astudent-athlete from obtaining professional representation by an athlete agentor legal representation by an attorney licensed to practice law in theCommonwealth; or (iv) declaring ineligible for or revoking a scholarshipprovided to a student-athlete who earns compensation that results from the useof the student's name, image, or likeness. The bill prohibits any athleticassociation, athletic conference, or other organization with authority overintercollegiate athletics from prohibiting or preventing a private institutionof higher education or baccalaureate public institution of higher educationfrom becoming a member of or participating in intercollegiate athleticssponsored by such association, conference, or organization as a consequence ofthe compensation of a student-athlete at such institution that results from theuse of the student-athlete's name, image, or likeness. The foregoing provisionsof the bill have a delayed effective date of July 1, 2024. The bill alsorequires the Chancellor of the Virginia Community College System to convene awork group consisting of such members as the Chancellor deems appropriate toconsider and make recommendations to the Governor and the General Assembly nolater July 1, 2022, relating to the compensation and representation ofstudent-athletes enrolled at comprehensive community colleges in theCommonwealth.

Earned paid sick time. Requires public and private employers with six or more employees to provide those employees with earned paid sick time. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The measure has a delayed effective date of January 1, 2021. This bill incorporates HB 418 and HB 1684.

Standards of Quality; work-based learning; teacher leadersand mentors; principal mentors; certain personnel positions and initiatives. Makesseveral changes to the Standards of Quality, including requiring the establishmentof units in the Department of Education to oversee work-based learning andprincipal mentorship statewide in Standard 1 and requiring the Board ofEducation to establish and oversee the local implementation of teacher leaderand teacher mentor programs in Standard 5. The bill also makes several changesrelating to school personnel in Standard 2, including (i) establishingschoolwide ratios of students to teachers in certain schools with highconcentrations of poverty and granting flexibility to provide compensationadjustments to teachers in such schools; (ii) requiring each school board toassign licensed personnel in a manner that provides an equitable distributionof experienced, effective teachers and other personnel among all schools in thelocal school division; (iii) requiring each school board to employ teacherleaders and teacher mentors at specified student-to-position ratios; (iv)requiring state funding in addition to basic aid to support at-risk studentsand granting flexibility in the use of such funds by school boards; (v)lowering the ratio of English language learner students to teachers; (vi)requiring each school board to employ reading specialists and establishing astudent-to-position ratio for such specialists; (vii) requiring school boardsto employ one full-time principal in each elementary school; (viii) loweringthe ratio of students to assistant principals and school counselors inelementary, middle, and high schools; and (ix) requiring each school board toprovide at least four specialized student support positions, including schoolsocial workers, school psychologists, school nurses, and other licensed healthand behavioral positions, per 1,000 students.

Redistricting; population data; reallocationof prison populations. Provides for the preparation of adjustedpopulation data for redistricting and reapportionment purposes toreflect the reallocation of persons incarcerated in state and localcorrectional facilities. The bill provides that a person incarceratedin a state or local correctional facility whose legal residence priorto entering custody was located within the Commonwealth will be deemedto reside at such residence, and a person incarcerated in a stateor local correctional facility whose legal residence prior to enteringcustody was located outside of the Commonwealth or whose legal residenceprior to entering custody cannot be determined will be deemed toreside at the location of the facility in which he is incarcerated.Under the U.S. Census Bureau's current residence criteria, incarceratedpersons are counted at the facility in which they are incarcerated.The bill directs the Division of Legislative Services to preparethe adjusted population data, and the General Assembly and localgoverning bodies are required to use this data as the basis for reapportioningand drawing new districts. The Director of the Department of Correctionsand the Board of Corrections are required to provide to the Divisioncertain information about each person incarcerated who was incarceratedin a state or local correctional facility on the day the decennialcensus is taken, April 1 of a year ending in zero, for these purposes.

Demographic statements for bills; preparationby JLARC. Permits, beginning October 1, 2020, the Speaker of the House of Delegates, the Minority Leader of the House of Delegates,the Majority Leader of the Senate, and the Minority Leader of theSenate to request that a demographic statement, defined in the billas a statement that uses available data to outline the potentialeffects of a bill on specified demographic disparities within the Commonwealth, including a statement of whether the bill is likelyto increase or decrease such disparities, to the extent that suchdata is available, be prepared by the Joint Legislative Audit andReview Commission. Each requester may request the preparation ofup to five demographic statements per regular session of the GeneralAssembly. If a bill for which a demographic statement is preparedis introduced, the demographic statement shall be made availableto the public.

Family caregiver tax credit. Creates a nonrefundable income tax credit beginning in taxable year 2020 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver, but shall not exceed $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons. Both the caregiver and the eligible family member must be residents of Virginia. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The credit expires beginning with taxable year 2025.

Study; JLARC; effects of gun violence on communities;report. Directs the Joint Legislative Audit and Review Commissionto study the social, physical, emotional, and economic effects ofgun violence on communities across the Commonwealth.

Study; Virginia State Crime Commission; mandatoryminimum sentences; report. Requests the Virginia State Crime Commission to study the use and effectiveness of mandatory minimumsentences.

Study; Department of Rail and Public Transportation; Commonwealth Corridor passenger rail service; report. Requeststhe Department of Rail and Public Transportation to study the feasibilityof an east-west Commonwealth Corridor passenger rail service connectingHampton Roads, Richmond, and the New River Valley.

Gun Violence Survivor Assistance Fund and GrantProgram. Establishes the Gun Violence Survivor Assistance Fundand Grant Program, to be administered by the Department of CriminalJustice Services for the purpose of providing grants to gun violencesurvivors who are in need of financial assistance to make accessibilityadaptations to their homes to accommodate a disability resultingfrom a gun violence-related injury.