New Laws Take Effect July 1, 2023
Here is a summary of 35 of new Virginia laws that take effect on Saturday.
Agriculture
Business/Labor
Sexual Harassment and Non-Disclosure Agreements
Prevents employers from requiring employees to sign NDAs with the purpose of concealing a sexual harassment claim, and voids any NDA that attempts to do so.
Minimum Wage for Employees With Disabilities
Requires employees with disabilities hired after July 1, 2023 to be paid the state minimum wage. Employees with disabilities hired before that date and who were subject to an exemption to the minimum wage will see a phased increase in wages over the next seven years.
Cannabis
Regulation of THC Products
Imposes additional regulation of hemp-derived products that contain intoxicating THC. Includes a permitting system, stricter labeling rules and limits the level of THC in retail hemp products.
Courts/Civil Law
Criminal Justice
Sexual Extortion
Makes it a felony to threaten to publicize nude photos of a person in order to coerce them into performing sexual acts.
Curfew During Civil Disturbance
Allows local law enforcement chiefs to declare a curfew under certain circumstances during a civil disturbance. The curfew may not last longer than 24 hours without approval from the local governing body, and must specify the time of curfew and the area covered.
Counsel for Indigent Defendants
Requires courts to appoint two attorneys to represent indigent defendants charged with a Class 1 felony, including first-degree murder.
Public Transportation Drivers
Creates a specific law outlawing assault and battery against public transportation drivers. Conviction includes a ban from public transportation for at least 6 months.
Education
Extends eligibility for the Brown v. Board of Education Scholarship Program to the descendants of people who lived in jurisdictions in Virginia where public schools were closed to avoid desegregation between 1954 and 1964 and whose educations were affected by the school closings.
Elections
Absentee Ballots
Removes the witness signature requirement on mail ballots and instead requires those voting by mail to provide the last four digits of their Social Security number.
Firearms/Weapons
Firearm Safety Tax Credit
Creates an income tax credit of up to $300 for the purchase of firearm safety devices, including gun safes and locks, for taxable years 2023 through 2027.
Knives
Removes switchblade knives from the list of concealed weapons that are prohibited from being carried in public. Adds stiletto knives to the prohibited list.
FOIA
FOIA Fees
Requires public bodies to list fee assessments and pricing for Freedom of Information Act requests, either on their website or in a written policy.
Governor's Powers
Right to Worship
In emergency declarations, prohibits the governor from imposing closures or limitations on places of worship that are more restrictive than those placed on businesses and secular organizations.
Healthcare
Hearing Aids for Children
Requires health insurance providers to cover hearing aids for minors, when recommended by a doctor.
Historic Resources
"Green Book" Sites
Requires the Department of Historic Resources and other government agencies to create historic site signs identifying locations and businesses in the Commonwealth that were safe for traveling Black Americans during the Jim Crow era.
Housing
Tenant Rights
Allows tenants to end their lease and receive a full refund of all deposits and rent paid if the premises contain serious health or safety risks that existed at the beginning of residency.
Internet
Pornography Age Verification
Requires pornographic websites to verify the age of users and prevent children under the age of 18 from accessing pornography.
Transportation
Towing Operator Fees
Requires towing and recovery operators to allow the owner of a towed vehicle to retrieve personal items without paying a fee.
Blue Headlights
Prohibits the use of blue headlights on motor vehicles.
Utilities
Strengthens the State Corporation Commission's authority to review the earnings of electric utilities and to adjust rates paid by electric customers downward if utility earning exceeds established ranges. Previously, utilities could keep some profits that exceeded the upper range. The SCC authority takes effect for rate reviews starting in 2024.
Sources: Virginia Division of Legislative Services. New laws selected from among those highlighted in DLS' report "In Due Course", and VPAP research of bills with contested votes.
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