Del. Phil Hernandez

Study; joint committee of the House Committee on Education and the Senate Committee on Education and Health; challenges faced by and effective strategies for ensuring the sustainable, long-term success of the five historically black colleges and universities in the Commonwealth; report. Establishes a joint committee consisting of five members of the House Committee on Education and three members of the Senate Committee on Education and Health to study the challenges faced by and effective strategies for ensuring the sustainable, long-term success of the five historically black colleges and universities in the Commonwealth–Hampton University, Norfolk State University, Virginia State University, Virginia Union University, and Virginia University of Lynchburg–by discussing, adopting, and recommending to the Governor and the General Assembly for formal recognition and endorsement a comprehensive statewide HBCU Support Plan.

Consumer protection; failure to honor service warranty. Prohibits a supplier in connection with a consumer transaction from failing to honor a service warranty of another supplier after acquiring the business of such other supplier. A violation of the provisions of the bill constitutes a violation of the Virginia Consumer Protection Act.

Commission on Legislature Modernization; report. Establishes the Commission on Legislature Modernization in the legislative branch for the purpose of studying the operation and functionality of the General Assembly and identifying ways to make the legislature more effective, efficient, responsive, reflective, and transparent on behalf of all Virginians. The Commission will consist of 17 members, which shall include 9 legislators, 6 nonlegislative citizen members, and 2 ex officio members. The Commission shall be convened for a period of two years, every 10 years in the year ending in four, and shall terminate after the submission of its final report to the General Assembly at the end of its second year.

Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions. Employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave for their need for services or relocation due to domestic abuse, sexual assault, or stalking. The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements. The bill authorizes the Commissioner, 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. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2025.

Public school staffing ratios; specialized student support positions. Increases the number of specialized student support positions required to be employed by each local school board from at least three to at least four such positions per 1,000 students in the local school division. Such specialized student support positions include school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.

Health insurance; cost sharing for breast examinations. Prohibits health insurance carriers from imposing cost sharing for diagnostic breast examinations and supplemental breast examinations, as those terms are defined in the bill, under certain insurance policies, subscription contracts, and health care plans delivered, issued for delivery, or renewed in the Commonwealth on and after January 1, 2025. The bill provides that such examinations include examinations using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound.

Electric utilities; State Corporation Commission; energy policy of the Commonwealth. Requires the State Corporation Commission to ensure that the Commonwealth implements the energy policy of the Commonwealth, as defined by relevant law, at the lowest reasonable cost, taking into account all cost-effective demand-side management options and the security and reliability benefits of the regional transmission entity that each incumbent electric utility has joined. The bill establishes a rebuttable presumption that plans, petitions, or proposals from utilities that do not ensure such implementation at the lowest reasonable cost are not in the public interest.

Imposition of income tax. Establishes a new income tax bracket beginning on and after January 1, 2024, that taxes income in excess of $1 million at a rate of 10 percent. The bill provides that 50 percent of revenues generated by the new tax bracket will be dedicated to providing additional basic aid funding for public schools, 30 percent of such revenues will be dedicated to the Child Care Subsidy Program, and 20 percent of such revenues will be dedicated to the Virginia Housing Trust Fund.

Child Care Subsidy Program vendors; basis for periodic reimbursement. Requires the Department of Education to periodically reimburse child care providers that are vendors through the Child Care Subsidy Program on the basis of authorized child enrollment but provides that if any such enrolled child is absent from the provider for 10 or more days during one month, the Department shall periodically reimburse such provider on the basis of such child's attendance.

Virginia Residential Property Disclosure Act; flood-related disclosures. Requires the Real Estate Board to include on its repetitive risk loss disclosure form for owners of residential real property space for the disclosure of historical flood damages, flood insurance claims, and costs to such residential real property along with other related information. The bill also requires the owner of residential real property within the Commonwealth to disclose to any purchaser or renter of such property certain facts related to the flood history and risk of such property.