Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance. Removes the prohibition against appeals regarding the adequacy of standards of need and payment levels for public assistance and social services programs and provisions limiting the court to ascertaining whether there was evidence in the agency record to support the case decision of the agency acting as the trier of fact. Current law allows court review of agency decisions regarding the grant of denial of Temporary Assistance for Needy Families, Medicaid, food stamps, general relief, auxiliary grants, or state-local hospitalization but limits such review to whether the agency relied on evidence to support its decision.

Obscene; definition. Defines "obscene" for Obscene; definition. Defines "obscene" for the purposes of obscenity law to mean that as it relates to materials or a performance (i) the average person applying contemporary community standards relating to the depiction or description of sexual matters would find that the material or performance taken as a whole appeals to the prurient interest in sex; (ii) the material or performance lacks serious literary, artistic, political, or scientific value; (iii) the material or performance as used is not protected or privileged under the United States Constitution or the Constitution of Virginia; and (iv) such material or performance depicts or describes (a) patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality, or (b) patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs. Under current law, "obscene" for the purposes of obscenity law is defined as that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof, or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political, or scientific value.

Virginia Marine Resources Commission; wetland mitigation site; improving and enhancing tidal wetlands. Directs the Virginia Marine Resources Commission (VMRC) to review and update its "Guidelines for Establishment, Use and Operation of Tidal Wetland Mitigation Banks in Virginia" (January 1, 1998) and its regulations, Wetlands Mitigation-Compensation Banks and Supplemental Guidelines (the Guidelines). The bill requires VMRC to consider provisions relating to the generation of vegetated and unvegetated wetland credits from wetland creation, restoration, conversion, and enhancement activities; invasive species control; and the establishment of open water channels. The bill requires VMRC to form a stakeholder group for the purpose of reviewing and updating the Guidelines. Virginia Marine Resources Commission; wetland mitigation site; improving and enhancing tidal wetlands. Directs the Virginia Marine Resources Commission (VMRC) to review and update its "Guidelines for Establishment, Use and Operation of Tidal Wetland Mitigation Banks in Virginia" (January 1, 1998) and its regulations, Wetlands Mitigation-Compensation Banks and Supplemental Guidelines (the Guidelines). The bill requires VMRC to consider provisions relating to the generation of vegetated and unvegetated wetland credits from wetland creation, restoration, conversion, and enhancement activities; invasive species control; and the establishment of open water channels. The bill requires VMRC to form a stakeholder group for the purpose of reviewing and updating the Guidelines.

Tetrahydrocannabinol; industrial hemp; regulated hemp Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill.

Cost of competing adjustment; eligibility; certain school boards. Provides that the Accomack County School Board and the Northampton County School Board are eligible to receive the cost of competing adjustment to salaries for instructional and support positions as part of the state share of basic aid pursuant to the general appropriation act.

Charges requiring preliminary hearing for a juvenile 16 years of age or older. Adds to the list of charges for which the juvenile court is required to conduct a preliminary hearing for juveniles 16 years of age or older a charge of entering a dwelling house, etc., with intent to commit murder, rape, robbery, or arson.

Education Savings Account Program established; Education Education Savings Account Program established; Education Improvement Scholarships Tax Credits. Establishes the Education Savings Account Program, to be administered by the Department of Education, whereby the parent of any individual who is a resident of the Commonwealth and who is eligible to enroll in a public elementary or secondary school may apply for an Education Savings Account for his child into which the Department of Education deposits certain state and local funds and from which the parent makes certain enumerated qualifying expenses to educate his child in a setting and a manner other than full-time education in a public school. The bill requires the Program to be fully implemented prior to the beginning of the 2023–2024 school year. The bill also increases the value of the Education Improvement Scholarships income tax credit for a donation to a scholarship foundation from 65 percent to 100 percent of the donation. The bill removes the aggregate limit on tax credits per year, which under current law is $25 million, and removes individual minimum and maximum required donation amounts. The bill raises the threshold for students to qualify for scholarships from 300 percent of the current poverty guidelines to 1,000 percent of free or reduced-price lunch standards or, for eligible students with a disability, from 400 percent of the current poverty guidelines to 1,200 percent of such standards. The bill grants scholarship foundations the discretion to determine what expenses may be funded by tax-credit-subsidized scholarships. Under current law, such expenses are limited by statute. The bill expands eligibility for scholarships to any student who is a resident of the Commonwealth and eligible to enroll in a public elementary or secondary school in the Commonwealth. Current law restricts eligibility to certain categories of students. The bill removes the requirement that scholarship-funded schools report test results of scholarship-funded students. The provisions of the bill pertaining to the Education Improvement Scholarships income tax credits apply starting with taxable year 2023.

Transcranial magnetic stimulation; pilot program. Requires the Department of Behavioral Health and Developmental Services to establish a pilot program to make electroencephalogram combined transcranial magnetic stimulation available for veterans, first responders, and law-enforcement officers. The bill requires the State Board of Behavioral Health and Developmental Services to establish regulations for the pilot program.

Public schools; staffing ratios; school counselors with training or experience in mental health. Requires each school board to employ, in addition to the school counselors that it employs as otherwise required by law, at least one full-time school counselor with specialized training or experience in mental health per 1,000 students in grades kindergarten through 12.

Student literacy measures; scope; students in grades four through eight. Expands several provisions of the Virginia Literacy Act, enacted during the 2022 Regular Session of the General Assembly, effective with the 2024–2025 school year, and currently applicable to students in kindergarten through grade three, to students in grades four through eight, including (i) requiring each local school board to provide a program of literacy instruction to such students that is aligned with science-based reading research and provides evidenced-based literacy instruction; (ii) requiring each local school board to provide reading intervention services to such students who demonstrate substantial deficiencies based on their individual performance on the Standards of Learning reading assessment or a literacy screener provided or approved by the Department of Education; (iii) permitting the reading plan required for certain students in grades six through eight to include a literacy course, in addition to the course required by the Standards of Learning in English, that provides the specific evidence-based literacy instruction identified in such plan; (iv) requiring the Department to develop a list of core literacy curricula, supplemental instruction practices and programs, and intervention programs that consist of evidence-based literacy instruction aligned with science-based reading research for such students; (v) requiring each local school board to employ one reading specialist for each 550 students in kindergarten through grade five and for each 1,100 students in grades six through eight; (vi) requiring the Board of Education to provide guidance on and each local school board to provide high-quality professional development and training in science-based reading research and evidence-based literacy instruction for certain middle school personnel; and (vii) requiring each divisionwide comprehensive plan to include a divisionwide literacy plan for such students. Student literacy measures; scope; students in grades four through eight. Expands several provisions of the Virginia Literacy Act, enacted during the 2022 Regular Session of the General Assembly, effective with the 2024–2025 school year, and currently applicable to students in kindergarten through grade three, to students in grades four through eight, including (i) requiring each local school board to provide a program of literacy instruction to such students that is aligned with science-based reading research and provides evidenced-based literacy instruction; (ii) requiring each local school board to provide reading intervention services to such students who demonstrate substantial deficiencies based on their individual performance on the Standards of Learning reading assessment or a literacy screener provided or approved by the Department of Education; (iii) permitting the reading plan required for certain students in grades six through eight to include a literacy course, in addition to the course required by the Standards of Learning in English, that provides the specific evidence-based literacy instruction identified in such plan; (iv) requiring the Department to develop a list of core literacy curricula, supplemental instruction practices and programs, and intervention programs that consist of evidence-based literacy instruction aligned with science-based reading research for such students; (v) requiring each local school board to employ one reading specialist for each 550 students in kindergarten through grade five and for each 1,100 students in grades six through eight; (vi) requiring the Board of Education to provide guidance on and each local school board to provide high-quality professional development and training in science-based reading research and evidence-based literacy instruction for certain middle school personnel; and (vii) requiring each divisionwide comprehensive plan to include a divisionwide literacy plan for such students.

Affordable housing; local zoning ordinance authority; comprehensive plan. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. This bill has a delayed effective date of July 1, 2024 and incorporates

Common interest communities; Resale Disclosure Act. Establishes the Resale Disclosure Act, which sets out disclosure requirements and authorized fees relating to contracts for the resale of property located within common interest communities and provides for the issuance of resale certificates or financial updates. The bill repeals the existing disclosure requirements and authorized fees relating to association disclosure packets under the Property Owners' Association Act and resale certificates under the Virginia Condominium Act. The bill requires a seller to obtain a resale certificate and provide the certificate to the purchaser. The bill does not apply to contracts ratified prior to July 1, 2023.

Police powers of fire marshals; training requirements. Provides that a local fire marshal or assistant shall not exercise any police powers until such person has satisfactorily completed a basic law-enforcement course for fire marshals with police powers and maintains satisfactory participation in in-service and advanced courses and programs. The bill also provides that current or prior certification as a law-enforcement officer may satisfy the police powers training requirements.

Family abuse protective orders; relief available; password to electronic device; enjoining surveillance; penalty. Provides that as a condition to be imposed by the court on the respondent, a petitioner with a protective order issued in a case that alleges family abuse and, where appropriate, any other family or household member, must be given the relevant password when being granted exclusive use and possession of a cellular telephone or other electronic device. The bill further provides that the court may enjoin the respondent from using a cellular telephone or other electronic device to surveille the petitioner.

Right to Contraception Act. Sets out statutory protections for an individual's right to access and a health care provider's right to provide contraceptives, contraception, and information related to contraception. The bill prohibits measures that single out and impede access to contraceptives, contraception, or contraception-related information. However, a party may defend against a claim that a measure violates the bill's prohibitions by demonstrating through clear and convincing evidence that the measure significantly advances access to contraceptives, contraception, and information related to contraception and cannot be advanced by a less restrictive alternative measure or action. The Office of the Attorney General, individuals, or health care providers may bring a lawsuit to enforce the provisions of the bill, and localities are not immune from suits for violations.