Del. Laura Jane Cohen

Commending the Honorable Dr. Luke E. Torian.

Nonbinary sex or gender designation option.Requires all forms or applications to offer any applicant the optionof "male," "female," or "nonbinary" when designating the applicant'ssex or gender. The bill contains technical amendments.

Constitutional amendment (first reference);qualifications of voters; right to vote; persons not entitled tovote. Provides that every person who meets the qualificationsof voters set forth in the Constitution of Virginia shall have thefundamental right to vote in the Commonwealth and that such rightshall not be abridged by law, except for persons who have been convictedof a felony and persons who have been adjudicated to lack the capacityto understand the act of voting. A person who has been convictedof a felony shall not be entitled to vote during any period of incarcerationfor such felony conviction, but upon release from incarceration forthat felony conviction and without further action required of him,such person shall be invested with all political rights, includingthe right to vote. Currently, in order to be qualified to vote a personconvicted of a felony must have his civil rights restored by theGovernor or other appropriate authority. The amendment also providesthat a person adjudicated by a court of competent jurisdiction aslacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacityhas been reestablished as prescribed by law. Currently, the Constitutionof Virginia provides that a person who has been adjudicated to bementally incompetent is not qualified to vote until his competencyis reestablished.

Elections; form of ballot; party identificationof candidates; constitutional offices. Provides that any candidatefor a constitutional office who is nominated by a political partyor at a primary election shall be identified on the ballot by thename of his political party. Currently, only candidates for federal,statewide, and General Assembly offices are so identified. The constitutionaloffices are those of the treasurer, sheriff, attorney for the Commonwealth,clerk of court, and commissioner of the revenue.

Constitutional amendment (first reference); marriage between two individuals; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and prohibits the Commonwealth and its political subdivisions from denying the issuance of a marriage license to two parties contemplating a lawful marriage on the basis of the sex, gender, or race of such parties. The Commonwealth and its political subdivisions are required to recognize any lawful marriage between two parties and to treat such marriages equally under the law, regardless of the sex, gender, or race of such parties. The amendment provides that religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Judicial Council of Virginia; work group tostudy conservatorship; report. Directs the Judicial Council ofVirginia to convene a work group of relevant stakeholders to study issues relating to conservatorship in the Commonwealth and to developrecommendations for a best practices model. The bill requires thework group to submit its findings and recommendations by November1, 2024, to the Chairmen of the House Committee for Courts of Justiceand the Senate Committee on the Judiciary.

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

Photo speed monitoring devices; location. Authorizesthe governing body of any county, city, or town to provide by ordinancefor the placement and operation of photo speed monitoring devicesin any location deemed necessary by the locality for the purposesof recording violations resulting from the operation of a vehiclein excess of the speed limit. The bill provides the same requirementsfor such devices, information collected from such devices, and anyenforcement actions resulting from information collected from suchdevices as current law applies to the use of such devices in schoolcrossing zones and highway work zones. The bill requires that twosigns, rather than one, be placed warning of such device if the deviceis placed somewhere other than a school crossing zone or highwaywork zone.

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; Medicaid Waivers; program rule modifications. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to modify the program rules for certain Medicaid waivers to eliminate the requirement that certain visits for individuals enrolled in Family and Individual Support Waivers, Community Living Waivers, Building Independence Waivers, and CCC Plus Waivers be conducted face-to-face.

Virginia Retirement System; enhanced retirementbenefits for 911 dispatchers. Allows local governments to provideenhanced retirement benefits for hazardous duty service to full-time salaried 911 dispatchers. The bill provides that such enhanced retirementbenefits apply only to service earned as a full-time salaried 911dispatcher on or after July 1, 2025, but allows an employer, as thatterm is defined in relevant law, to provide such enhanced retirement benefits for service earned as a full-time salaried 911 dispatcherbefore July 1, 2025, in addition to service earned on or after thatdate. The bill has a delayed effective date of July 1, 2025.