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2007 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Emmett W. Hanger, Jr.

Date of Meeting: January 26, 2007
Time and Place: 8:30 a.m., Senate Room B

S.B. 754

Patron: Miller

Child-friendly visiting rooms in state correctional facilities.  Requires each state correctional facility to provide child-friendly visiting rooms that include activities for young children, adequate facilities with areas for nursing, and regulations that do not penalize inmates with sanctions, such as the termination of a visit, due to normal child behavior.

S.B. 773

Patron: Miller

Child-friendly visiting rooms in state and local correctional facilities. Requires each state correctional facility to provide child-friendly visiting rooms that include activities for young children, adequate facilities with private areas for nursing, and regulations that do not penalize inmates with sanctions, such as the termination of a visit, for normal child behavior.

S.B. 834

Patron: Devolites Davis

Earned sentence credits for rehabilitative programs.  Allows five additional sentence credits for each 30 days of participation in a rehabilitative program (e.g., earning a high school diploma or an equivalent degree, college credit, or a certification through vocational training) or in an interventional rehabilitation program (e.g., mental health treatment, sex offender treatment, and other interventional rehabilitation programs). 

S.B. 836

Patron: Devolites Davis

Department of Corrections; physical examination of prisoner; ability to work.  Requires the Department to examine each prisoner within 30 days prior to any work assignment in food services, medical services, or cosmetological services, or any change in work assignment. The bill also allows the Department to limit a prisoner's duty and housing assignments only if his disease could be transmitted despite the use of certain controls, personal protective equipment, or precautionary measures.

S.B. 865

Patron: Miller

Social services; time limit on receipt of TANF. Allows the children of VIEW participants to continue receiving TANF financial assistance beyond the initial 24-month period if (i) the VIEW-participating parent is no longer the children's legal guardian, (ii) another relative of the children now has legal custody, and (iii) the children otherwise meet the eligibility requirements set forth in §§ 63.2-602 through 63.2-607. This bill is contingent upon appropriation of funds.

S.B. 905

Patron: Rerras

Definition of abused or neglected child.  Specifies that a decision by parents or other person responsible to refuse a particular medical treatment for a child with a life-threatening condition shall not be deemed a refusal to provide necessary care if (i) such decision is made jointly by the parents or other person responsible and the child; (ii) the child is sufficiently mature to have an informed opinion on the subject of his medical treatment; (iii) the parents or other person responsible and the child have considered alternative treatment options; and (iv) the parents or other person responsible and the child believe in good faith that such decision is in the child's best interest.  Also requires that a physician making a report of suspected child abuse or neglect identify himself by name if the report is based solely on the parents' decision regarding medical treatment for their child.

S.B. 935

Patron: Ticer

Mandatory cross-reporting by protective services agencies.  Adds animal control officers to the list of persons required to report known or suspected child or adult abuse or neglect. Requires mandatory cross-reporting of known or suspected animal abuse by individuals required to report child or adult abuse or neglect.

S.B. 1017

Patron: Norment

Adoption; exception to requirement that spouses file a joint petition.  Provides that in its discretion, upon good cause shown, a court may exempt any spouse from the requirement to file a joint petition.

S.B. 1062

Patron: Watkins

Alcoholic beverage control; nonresident winery distributor license. Creates a new nonresident winery distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with ABC Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "nonresident winery distributor" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and whose total wine distribution to all Virginia licensees does not exceed 3,000 cases in any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill also requires the ABC Board to quarterly audit and inspect all licensees with the privilege of self-distribution to ensure they meet the requirements for the license. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill.

S.B. 1069

Patron: McDougle

Pilot programs for drug and alcohol treatment in local and regional jails.  Allows for drug and alcohol treatment programs for inmates housed within local and regional jails. The bill directs the Department of Mental Health, Mental Retardation, and Substance Abuse Services to develop a tracking mechanism and a plan for expanding use of these programs statewide, and to give technical assistance to local and regional jails. Finally, the bill requires the Department to make a report to the General Assembly by December 1, 2007, concerning the various programs.

S.B. 1098

Patron: Williams

Alcoholic beverage control; tastings conducted by manufacturers or wholesalers.  Clarifies that the $100 limitation on the purchase of alcoholic beverages by a manufacturer from a retail licensee for a tasting conducted by the manufacturer or wholesaler does not include any applicable taxes.

S.B. 1133

Patron: Deeds

Virginia Initiative for Employment Not Welfare Program.  Modifies the Temporary Assistance for Needy Families Program to increase Virginia Initiative for Employment Not Welfare (VIEW) requirements. This bill also eliminates food stamps from the subsidies replaced by the Full Employment Program, and certain VIEW program exemptions. The bill authorizes posttermination payments of up to $50 per month for recipients who work at least 30 hours per week.

S.B. 1146

Patron: Wagner

Neighborhood Assistance Act; eligibility requirements.  Requires that regulations be promulgated that provide that at least 50 percent of the persons served by the neighborhood organization are impoverished people.

S.B. 1149

Patron: Wagner

Alcoholic beverage control; government stores; sale of mixers.  Removes the authority of the Alcoholic Beverage Control Board to sell mixers at government stores. The bill contains technical amendments.

S.B. 1164

Patron: Bell

Alcoholic beverage control; small wine producer distributor license. Creates a new small producer distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. All deliveries of such wine by the licensee to persons in Virginia to whom alcoholic beverages may be lawfully sold shall be performed by the owner, or any agent, director, shareholder or employee of the licensee. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "small wine producer" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and that produces no more than 2,500 cases of wine during any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees under the same production restrictions. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill.

S.B. 1207

Patron: Hanger

Criminal history check for providers of services to adults.  Allows public agencies that are required to do so by federal or state law to obtain criminal history record information of any individual seeking approval as a provider of home-based services or adult foster care and all adult household members. The bill also allows local boards of social services to obtain, in emergency circumstances, such information from a criminal justice agency.

S.B. 1208

Patron: Hanger

Background check required; children's residential facilities.  Strengthens criminal background check requirements for employees, volunteers, and providers of contractual services to children's residential facilities. Requires Departments to obtain the results of the background check before allowing an applicant to work with children. Adds numerous statutory offenses, including abduction, carjacking, threats, stalking, use of a machine gun, child pornography, incest, and felony drug possession, to the list of crimes that preclude employment at children's residential facilities. Additional offenses parallel those identified as "barrier crimes" in § 63.2-1719. Permits a children's residential facility to hire applicants with a misdemeanor conviction for assault and battery, provided 10 years have elapsed and the offense did not occur in the context of former employment or volunteer work. Prohibits state children's residential facilities from hiring employees or accepting volunteers who have a founded case of child abuse or neglect. The new requirements only apply to persons who were not working or volunteering at the facility prior to July 1, 2007.

S.B. 1210

Patron: Hanger

National criminal records background check to prevent sex offender access to children and others; costs and penalties.  Provides that any business or organization required to conduct a national criminal background check also must bear the costs, unless it recoups such costs from the applicant.  Assesses a civil penalty of up to $500 for knowing, willful failure to comply with background check requirements and may impose additional statutory measures to revoke the licensure of facilities or other entities.

S.B. 1253

Patron: Herring

Alcoholic beverage control; equine sporting event licenses.  Clarifies that for equine sporting event licenses, the licensee may own or operate the premises where the equine event is held. The bill contains an emergency clause.

EMERGENCY

S.B. 1287

Patron: Marsh

Good conduct allowances; mandatory functional literacy requirement.  Provides for good conduct allowance for prisoners, depending on their performance and conduct, in which escalating credits toward good conduct allowance are available in four class levels. The highest level available is 30 percent credit for those prisoners who have demonstrated exemplary behavior and who have earned or are making progress toward earning their general educational development (GED) certificate. Creates a mandatory functional literacy program for all mentally capable inmates that offers testing at a ninth-grade level. The bill also provides, for certain prisoners, credits for reading and passing examinations on books approved by the Department of Correctional Education.

S.B. 1353

Patron: Wagner

Child Day-Care Regulations.  Establishes staff-to-child ratios, activity space guidelines, and training and qualification guidelines for program directors, program leaders, and general staff for regulated child day-care centers.

S.B. 1371

Patron: Bell

Alcoholic beverage control; operation of government stores; preference for small farm wineries. Provides that with respect to the sale of wine produced by farm wineries in government stores, the Alcoholic Beverage Control Board may give preference to farm wineries that produce 2,500 cases or less of wine per year.

S.B. 1385

Patron: Stolle

Corrections Private Management Act.  Adds entities that provide corrections services to federal inmates to the definition of prison contractor and provides that security employees of a prison contractor are allowed to use force and exercise their powers and authority while providing inmate security for prisoners at a medical facility in the Commonwealth.

S.B. 1413

Patron: Hanger

Alcoholic beverage control; wine distribution licenses.  Authorizes the Commissioner of Agriculture and Consumer Services to establish a nonprofit, nonstock corporation to obtain a license from the Alcoholic Beverage Control Board to provide wine distribution services to licensed Class A farm wineries whose total production is 3,000 cases or less. The bill sets out the conditions for the license.