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2008 SESSION

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Senate Committee on Education and Health

Chairman: R. Edward Houck

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 31, 2008
Time and Place: Thursday, 8:30 AM, Senate Room B, General Assembly Building

S.B. 47 Advance directives; mental health directives follows same procedures as for medical.

Patron: Whipple

Advance directives; mental health.  Allows for mental health advance directives, by following the same procedures as for medical advance directives. A mental health advance directive may set forth procedures or instructions with regard to mental health treatment, including consent to or refusal of mental health treatment.

A BILL to amend and reenact § 54.1-2983 and 54.1-2984 of the Code of Virginia, relating to advance mental health directives.

084668352

S.B. 64 Community services boards; adds crisis stabilization, outpatient, etc. to list of core services.

Patron: Howell

Community services boards; core services.  Adds crisis stabilization, outpatient, respite, in-home, and residential and housing services to the list of core services required to be provided by community services boards.

A BILL to amend and reenact § 37.2-500 of the Code of Virginia, relating to community services boards; core services.

084535248

S.B. 140 Independent examinations; training of persons conducting.

Patron: Edwards

Training of persons conducting independent examinations.  Requires the Department of Mental Health, Mental Retardation and Substance Abuse Services to develop and implement a program for the training of persons conducting independent examinations and requires persons to be certified as having completed the training program before conducting independent examinations.

A BILL to amend and reenact § 37.2-815 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, relating to training of persons conducting independent examinations.

083180228

S.B. 141 State hospitals; discharge plans upon release.

Patron: Edwards

Discharge planning; release from state hospitals.  Clarifies that a discharge plan prepared by the community services board for persons discharged from a state hospital or training facility identify the services that the person discharged will require upon release and the public or private entities that will provide the necessary services.

A BILL to amend and reenact § 37.2-837 of the Code of Virginia, relating to discharge planning; release from state hospitals.

083176228

S.B. 155 Family life education; instruction on use of Food & Drug Administration contraception methods.

Patron: McEachin

Family life education.  Requires instruction on the use of Food and Drug Administration approved methods of contraception to be added to the family life education curriculum in public schools.

A BILL to amend and reenact § 22.1-207.1 of the Code of Virginia, relating to family life education.

087841273

S.B. 169 Teaching Scholarship Loan Program; program to award scholarships to community college students.

Patron: Blevins

Virginia Teaching Scholarship Loan Program. Expands the scholarship program to award scholarships to community college students pursuing prerequisites for an approved teacher education program leading to an endorsement in career and technical education.

A BILL to amend and reenact § 22.1-290.01 of the Code of Virginia, relating to the Virginia Teaching Scholarship Loan Program.

086620204

S.B. 202 Indoor Clean Air Act; smoking in restaurants.

Patron: Quayle

Virginia Indoor Clean Air Act; restaurants.  Allows localities to adopt ordinances containing standards or provisions relating to smoking in restaurants that meet or exceed those established in the Virginia Indoor Clean Air Act.

A BILL to amend and reenact §§ 15.2-2800, 15.2-2805, 15.2-2806, and 15.2-2807 of the Code of Virginia, relating to smoking in restaurants.

086213308

S.B. 298 Smoke Free Air Act; smoking in public places.

Patron: Whipple

Virginia Smoke Free Air Act; smoking in public places; civil penalties. Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.

A BILL to amend and reenact § 18.2-511.1 of the Code of Virginia, to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 15, consisting of sections numbered 32.1-73.8 through 32.1-73.17, and to repeal Chapter 28 (§§ 15.2-2800 through 15.2-2810) of Title 15.2 of the Code of Virginia, relating to the Virginia Smoke Free Air Act; civil penalties.

084068352

S.B. 347 Smoking; prohibited in restaurants in City of Chesapeake.

Patron: Blevins

Smoking ban in restaurants; City of Chesapeake.  Prohibits smoking in restaurants in the City of Chesapeake.

A BILL to amend and reenact § 15.2-2807 of the Code of Virginia, relating to smoking ban in restaurants in certain localities.

084566472

S.B. 434 Illegal aliens; ineligibility for in-state tuition and educational benefits.

Patron: Vogel

In-state tuition and educational benefits for unlawful aliens. Provides that an alien who is unlawfully present in the United States shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit including, but not limited to, in-state tuition and state financial aid, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.

A BILL to amend the Code of Virginia by adding a section numbered 23-7.4:01, relating to denial of in-state tuition and certain other postsecondary educational benefits for illegal aliens.

086554338

S.B. 442 Higher educational institutions; operational authority.

Patron: Houck

Public institutions of higher education; operational authority.  Provides operational authority for public institutions of higher education in the areas of information technology, procurement, and capital outlay pursuant to the Restructuring Act of 2005.

A BILL to amend and reenact § 23-38.90 of the Code of Virginia, relating to operational authority for public institutions of higher education in information technology, procurement, and capital projects excluding leases of real property.

083348818

S.B. 463 Infectious diseases; residential facility or group home licensed by DMHMRSAS et al. to report cases.

Patron: Whipple

Reporting of infectious diseases; residential facilities.  Adds persons in charge of residential facilities licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services or the Department of Social Services to the list of nonphysicians who must report infectious diseases. Also requires that reports be made to both the local health director and the Commissioner of Health, rather than just one of the two.

A BILL to amend and reenact § 32.1-37 of the Code of Virginia, relating to reporting of infectious diseases.

084674352

S.B. 490 No Child Left Behind Act; Board of Education to develop plan for withdrawal.

Patron: Hanger

No Child Left Behind; withdrawal.  Requires the Board of Education to develop a plan for the withdrawal from the federal No Child Left Behind Act, unless waivers that allow Virginia's existing educational accountability system, as set forth in the Standards of Quality, Standards of Learning, and Standards of Accreditation, to substantially meet the requirements of the Act are granted by the U.S. Department of Education.

A BILL to direct the Board of Education to develop a plan to withdraw from participation in the federal No Child Left Behind Act.

086210232

S.B. 501 Indoor Clean Air Act; prohibits smoking in any food establishment in State.

Patrons: Locke, Northam

Virginia Indoor Clean Air Act; penalty. Adds a prohibition against smoking in any food establishment in the Commonwealth and provides heightened penalties for violation. The bill defines food establishment. The bill contains numerous technical amendments, including reorganizing the Act into articles as follows:  general provisions (article 1), statewide regulation (article 2), and local regulation (article 3). The bill moves the Act from Title 15.2 to Title 32.1.

A BILL to amend and reenact § 18.2-511.1 of the Code of Virginia, to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 16, consisting of articles numbered 1 through 3, containing sections numbered 32.1-370 through 32.1-383, and to repeal Chapter 28 (§ 15.2-2800 et seq.) of Title 15.2 of the Code of Virginia, relating to the Virginia Indoor Clean Air Act; penalty.

082377820

S.B. 537 School boards, local; required to develop policies for changing students grades.

Patron: Barker

Local school boards; grade-changing policies.  Requires local school boards to develop and implement policies specifying the criteria and procedures for changing any grade given to a student.

A BILL to amend and reenact § 22.1-79.3 of the Code of Virginia, relating to policies for changing student grades.

081116201

S.B. 538 Higher educational institutions; first warning and emergency notification system required.

Patron: Obenshain

Higher education; first warning and emergency notification system required. Mandates that by August 1, 2008, each public institution of higher education establish a comprehensive, prompt, and reliable first warning and emergency notification system for students, staff, and faculty.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9, relating to the establishment of a first warning notification and emergency broadcast system at every public institution of higher education.

081404804

S.B. 539 Higher educational institutions; board of visitors to establish threat assessment team.

Patron: Obenshain

Higher Education; threat assessment teams at each public institution of higher education.  Requires the board of visitors or other governing body of every public institution of higher education in the Commonwealth to establish a threat assessment team. The bill also requires the team to adopt a campus-wide threat assessment policy and to regularly seek cooperation from (i) residential life; (ii) academic affairs; (iii) law enforcement; (iv) the counseling center; and (v) student judicial affairs.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9, relating to threat assessment teams at each public institution of higher education in the Commonwealth.

089833288

S.B. 636 Higher educational institutions; requesting complete student record from high school.

Patron: Cuccinelli

Students' high school records.

A BILL to amend the Code of Virginia by adding a section numbered 23-2.1:3, relating to students' high school records.

089842216

S.B. 640 Family life education; adds mental health education & awareness to list of topics to be covered.

Patron: Ticer

Family life education; mental health.  Adds mental health education and awareness, in order to reduce  the stigma of mental illness, to the list of topics to be covered in family life education curricula.

A BILL to amend and reenact § 22.1-207.1 of the Code of Virginia, relating to family life education; mental health.

080747336

S.B. 652 Higher educational institutions; prohibits certain persons from eligibility for in-state tuition.

Patron: Hanger

In-state tuition; prohibiting certain individuals from eligibility. Provides that (ii) an individual who is not either (a) a citizen or national of the United States, (b) a lawful permanent resident of the United States, or (c) an alien who submits documentary evidence of (1) a valid, unexpired nonimmigrant visa status, (2) a pending or approved application for asylum in the United States, (3) refugee status, (4) temporary protected status, (5) a pending application for adjustment of status to lawful permanent resident, or (6) otherwise lawfully present in the United States as defined in federal law or regulations, shall not be eligible for in-state tuition rates at any public institution of higher education in the Commonwealth.  Establishes additional standards that must be met by a student who is actively pursuing legal permanent residency.

A BILL to amend and reenact § 23-9.2:3 of the Code of Virginia, relating to prohibiting the receipt of in-state tuition benefits by certain individuals at public institutions of higher learning.

089840232

S.B. 655 Contractors; employees having direct contact with students on school property

Patron: Newman

Contractors; employees having direct contact with students on school property; penalty.  Provides that the contractor must certify that all persons having direct contact with students on school property under a contract for the provision of services have not been convicted of a felony barrier crime.

A BILL to amend and reenact § 22.1-296.1 of the Code of Virginia, relating to data on convictions for certain crimes required; penalty.

084614612

S.B. 702 Influenza vaccinations; Department of Health to publish on its website information thereon.

Patron: Lucas

Influenza vaccinations; information. Requires the Department of Health to publish, on its website, information on influenza disease and the benefits of influenza vaccination for children under the age of 60 months. Also requires the Department to work with other state agencies, as well as private child care organizations, to make this information available to parents on an annual basis.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-46.02, relating to information on influenza vaccinations.

088757260

S.B. 722 Human papillomavirus vaccine; removes requirement for girls to receive immunization.

Patron: Cuccinelli

Immunizations; human papillomavirus. Removes requirement that girls receive the human papillomavirus vaccine.

A BILL to amend and reenact § 32.1-46 of the Code of Virginia, relating to the human papillomavirus vaccine.

088755216

S.B. 745 Verification, legal presence; public schools and higher education.

Patron: Hanger

Legal presence verification; public schools and higher education.  Requires all public schools to verify each child's legal presence, and, if appropriate, to develop a plan to assist the child in attaining legal presence, or to take other appropriate action as determined by the locality. Specifies that no child shall be denied admission to a public school for failure to provide evidence of legal presence. Also requires public institutions of higher education to require proof of legal presence prior to enrollment.

A BILL to amend and reenact § 23-9.2:3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-4.4, relating to verification of legal presence.

088900232

S.B. 781 Higher educational institutions; enrollment of aliens.

Patron: Vogel

Institutions of higher education; enrollment of aliens. Provides that any alien must present legal documentation of residence or educational status to be eligible for initial enrollment in any public institution of higher education in Virginia.

A BILL to amend and reenact § 23-9.2:3 of the Code of Virginia, relating to eligibility for enrollment in a public institution of higher education.

089864338