Rep. Don Scott

Celebrating the life of William Griffith Thomas.

Celebrating the life of the Honorable GeraldL. Baliles.

Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when a licensed audiologist prescribes such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.

Virginia Diverse Educator Scholarship Fund and Program established. Establishes the Virginia Diverse Educator Scholarship Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of annually providing to each Historically Black College or University in the Commonwealth (Hampton University, Norfolk State University, Virginia State University, and Virginia Union University) such sums as are necessary for each such institution to annually provide scholarships on a competitive basis to no more than two students who (i) identify as African American, Asian, Hispanic or Latino, Native American or Native Alaskan, or Native Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in such institution's education preparation program; and (iii) are eligible for a federal Pell Grant to attend such institution. The bill provides that each such scholarship would consist of the following sums: (a) the cost of tuition, mandatory fees, room and board, and textbooks at such institution; (b) the recipient's teacher licensure fees; (c) $5,000 toward teacher professional development activities for the recipient, including coursework, seminars, and conferences; and (d) $10,000 toward mentorship of the recipient by an experienced teacher who is deemed by the relevant school board to be highly effective and able to provide high quality mentorship. The bill requires each student who is awarded a scholarship pursuant to the Program to agree in writing to (1) teach in a public elementary or secondary school in the Commonwealth in which at least 75 percent of the enrolled students qualify for free or reduced price lunch or are members of families whose income is below the federal poverty guidelines established by the U.S. Department of Health and Human Services upon graduation for a period that is at least as long as the period during which the recipient used scholarship funds to attend a Historically Black College or University and (2) be mentored by an experienced teacher, as described in clause (d), during such period of employment.

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.

Appeal from bail, bond, or recognizance order.Provides that a court may stay the execution of a bail order,in all bail decisions, for as long as reasonably practicable, butin no event more than three days, for a party to obtain an expeditedappeal before the next higher court. Under current law, there isno maximum time for the stay unless the bail decision was governedby the bail presumption provisions.

Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.

Development and use of accessory dwelling units.Provides that all localities shall allow for the development anduse of one accessory dwelling unit (ADU) per single-family dwelling(SFD), notwithstanding any contrary provision of a zoning ordinance.The bill defines "accessory dwelling unit" or "ADU" as an independentdwelling unit on a single-family lot with its own living, bathroom,and kitchen space that may be within or attached to SFDs or in detachedstructures on lots containing SFDs. ADUs may include basements, attics,flats, guest houses, cottages, and converted structures such as garages and sheds. The bill requires localities to regulate the sizeand design of ADUs through an approval process, as well as regulatefees, parking, and other requirements, provided that the regulations(i) are not so arbitrary, excessive, or burdensome, individuallyor cumulatively, as to unreasonably restrict the ability of propertyowners to utilize or create ADUs and (ii) do not require the propertyowner to occupy the ADU or SFD as his primary residence.

Felony homicide; repeal. Repeals the crimeof felony homicide. Under current law, felony homicide is the killingof one accidentally, contrary to the intention of the parties, whilein the prosecution of some felonious act other than capital murderor first degree murder.