Sen. Jennifer Boysko

Commending Dr. William R. Harvey.

Commending Virginia Housing.

Study; staffing levels, employment conditions,and compensation at Virginia Department of Corrections; report.Continues the joint committee of the House Committee on Health, Welfareand Institutions; the House Committee on Public Safety; the SenateCommittee on the Judiciary; and the Senate Committee on Rehabilitationand Social Services established by House Joint Resolution No. 29 (2020)and continued by House Joint Resolution 522 (2021, Special SessionI) to study staffing levels, employment conditions, and compensationat the Virginia Department of Corrections. The resolution directsthe joint committee to conclude its work by November 30, 2022, andto report its findings and recommendations no later than the first day of the 2023 Regular Session of the General Assembly.

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2022. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act.

Supporting the Jones Act. Expresses thesense of the General Assembly in supporting the Jones Act.

Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. The bill has a delayed effective date of July 1, 2023.

Breeding dogs for certain research prohibited. Prohibits for two years a person who has received a particular citation from the U.S. Department of Agriculture (USDA) on or after July 1, 2023, from breeding or raising a dog for the purpose of selling or transferring the dog, or its offspring, to an animal research facility outside of the United States, or to an animal research facility located in the United States that will use the dog for testing or research not required by federal law or regulation. The bill allows a person who has received such a USDA citation to offer a dog or cat in his possession for release or adoption in certain circumstances. The provisions of the bill do not become effective unless reenacted by the 2023 Session of the General Assembly.

Sealing of offenses resulting in a deferredand dismissed disposition or conviction by petition; defendant witha disorder or disability. Provides that a defendant with a disorderor disability, as defined in the bill, may file a petition that requeststhe sealing of the criminal history record information and courtrecords of a Class 4 felony conviction or deferred and dismisseddisposition. Under current law, Class 4 felony convictions or deferredand dismissed dispositions are ineligible to be sealed.

Constitutional amendment (voter referendum);marriage; repeal of same-sex marriage prohibition; affirmative rightto marry. Provides for a referendum at the November 8, 2022,election to approve or reject an amendment that would repeal theconstitutional provision defining marriage as only a union betweena man and woman as well as the related provisions that are no longervalid as a result of the United States Supreme Court decision inObergefell v. Hodges, 576 U.S. 644 (2015). The amendment providesthat the right to marry is a fundamental right inherent in the libertyof persons and requires the Commonwealth and its political subdivisionsand agents to issue marriage licenses, recognize marriages, and treatall marriages equally under the law, regardless of the sex or genderof the parties to the marriage. Religious organizations and clergyacting in their religious capacity have the right to refuse to performany marriage.

Assault and battery; persons diagnosed withautism spectrum disorder, intellectual disability, or mental illness;penalties. Provides that any person charged with a simple assaultand battery offense who has been diagnosed by a psychiatrist or clinicalpsychologist with an autism spectrum disorder, an intellectual disability,or mental illness and the violation was caused by or had a directand substantial relationship to the person's disorder or disabilityis guilty of a Class 1 misdemeanor and shall not be subject to mandatoryminimum punishment. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offensesare committed against certain groups of people.