Sen. Ghazala Hashmi

Commending Feeding Southwest Virginia.

Department of Health; H-2B employer-providedhousing; registry. Requires every H-2B employer, as definedin the bill, to report to the Commissioner of Health the physical address of every unit of employer-provided housing, also definedin the bill, provided to an H-2B employee, together with the numberof H-2B employees residing at each such housing unit and the numberof beds at each such housing unit. The bill requires the Departmentof Health to establish, maintain, and make available on a websitea registry of H-2B employer-provided housing in the Commonwealththat includes the information H-2B employers are required by the bill to report.

Newspersons crossing established police lines;exemption. Clarifies that a credentialed newsperson shall beexempt from the offense of crossing or remaining within police linesor barricades unless such persons are obstructing police, firefighters,or emergency medical services personnel in the performance of theirduties within such police lines or barricades.

Collective bargaining for public employees.Provides for collective bargaining by public employees. The billcreates the Public Employee Relations Board, which will determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employeesand local government employees. The measure requires public employersand employee organizations that are exclusive bargaining representativesto meet at reasonable times to negotiate in good faith with respectto wages, hours, and other terms and conditions of employment. Themeasure repeals a provision enacted in 2013 that declares that, inany procedure providing for the designation, selection, or authorizationof a labor organization to represent employees, the right of an individualemployee to vote by secret ballot is a fundamental right that shallbe guaranteed from infringement.

Celebrating the life of the Honorable ArthurR. Giesen, Jr.

Organ donors; unpaid leave; civil penalty. Requires that an employer that employs 15 or more employees provideeligible employees with (i) up to 60 business days of unpaid organdonation leave in any 12-month period to serve as an organ donorand (ii) up to 30 business days of unpaid organ donation leave inany 12-month period to serve as a bone marrow donor. The bill requiresthe employer to restore the employee's position following the leave,to continue to provide coverage for the employee under any healthbenefit plan, and to pay the employee any commission earned priorto the leave. The bill prohibits the employer from taking retaliatoryaction against the employee for taking organ donation leave. Thebill requires the Commissioner of Labor and Industry to enforce itsprovisions and provides for civil penalties for violations of itsrequirements.

Insurance; discrimination based on status asliving organ donor prohibited. Prohibits any person from refusingto insure, refusing to continue to insure, or limiting the amountor extent of life insurance, disability insurance, or long-term careinsurance coverage available to an individual, or to charge an individuala different rate for the same coverage based solely and without anyadditional actuarial risks upon the status of such individual asa living organ donor. The provisions of the bill apply to life insurance,disability insurance, or long-term care insurance plans that areentered into, amended, extended, or renewed on or after January 1,2023.

Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnoses of an intellectual or developmental disability. Lastly, the bill adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities. This bill incorporates SB 1383.