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2008 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Linda T. Puller

Clerk: Emily O'Brion
Staff: Patrick Cushing
Date of Meeting: February 15, 2008
Time and Place: Friday, 8:30 a.m. in Senate Room B

H.B. 138 Adoption; filing of petition.

Patron: Peace

Filing of petition for adoption.  Provides that a petition filed while a child is under 18 years of age shall not become invalid because the child reaches 18 years of age prior to the entry of a final order of adoption and that any final order of adoption entered after a child reaches 18 years of age, where the petition was filed prior to the child turning 18 years of age, shall have the same effect as if the child was under 18 years of age at the time the order was entered by the circuit court, provided the court has obtained the consent of the adoptee.

A BILL to amend and reenact § 63.2-1201 of the Code of Virginia, relating to filing of petition for adoption.

084440676

Impact Statements

H.B. 149 Independent living services & arrangements; require inclusion of plan for children 16 yrs. or older.

Patron: Fralin

Independent living services and independent living arrangements. Defines independent living arrangement as placement of a child at least 16 years of age who is in the custody of a local board or licensed child-placing agency and has been placed by the local board or licensed child placing agency in a living arrangement which does not include daily parental supervision. Defines independent living services to include services and activities provided to a child in foster care who is 16 years of age or older or to a person who was in foster care on his 18th birthday and has not yet reached the age of 21. This bill requires, for children aged 16 years and older that the child's needs and goals in specified areas are included in the written foster care plan for that child.

A BILL to amend and reenact §§ 16.1-228, 16.1-281, 16.1-282, 16.1-282.1, 16.1-282.2, 63.2-100, 63.2-904, 63.2-905, 63.2-905.1, 63.2-906, and 63.2-1819 of the Code of Virginia, relating to independent living services and independent living arrangements.

082575504

Impact Statements

H.B. 285 Adoptions; consent revocation period for parental placement.

Patron: Toscano

Consent revocation period for parental placement adoptions.  Provides that consent to an adoption may be revoked by a birth parent for up to seven days after it is executed. and that the seven day revocation period may be waived in writing at the time of consent provided that the child is at least 10 days old and the birth mother acknowledges having received independent legal counsel regarding the effect of such waiver. This bill eliminates the provision barring revocation after a child is 10 days old.

A BILL to amend and reenact § 63.2-1234 of the Code of Virginia, relating to revocation of consent in parental placement adoptions.

088468752

Impact Statements

H.B. 478 Child Day-Care Council; appoints one representative of YMCA to Council.

Patron: Cox

Child Day-Care Council.  Appoints one representative of the YMCA to the Child Day-Care Council and removes one representative from a nonprofit child day center operator.

A BILL to amend and reenact § 63.2-1735 of the Code of Virginia, relating to appointments to the Child Day-Care Council.

085679476

H.B. 503 Comprehensive Services Act; intensive care coordination and service planning.

Patron: Hamilton

Comprehensive Services Act Program; case management and residential care plan. Requires the State Executive Council to develop, and localities to implement, a program of case management for residential care to include a provision for residential care plans. Requires family assessment and planning teams to develop, and community policy and management teams to review, residential care plans that include goals for residential care treatment, a provision for monitoring and review of plans, evaluation of progress toward identified goals, and a plan for returning the youth to his home or community at the earliest appropriate time.

A BILL to amend and reenact §§ 2.2-2648, 2.2-5206, and 2.2-5208 of the Code of Virginia, relating to Comprehensive Services Act; intensive care coordination and service planning.

081847528

Impact Statements

H.B. 548 Alcoholic mixed beverages; holder of license to sell and serve dessert wine.

Patron: Nixon

Alcoholic beverage control; mixed beverage licenses.  Allows the holder of a limited mixed beverage restaurant license to sell and serve dessert wine, in addition to certain liqueurs, as a privilege of the license.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licenses; limited mixed beverage restaurant licenses.

081826656

Impact Statements

H.B. 651 Reentry planning; Department of Corrections to develop and implement comprehensive plan.

Patron: Wright

Reentry planning.  Requires the Department of Corrections to develop and implement a comprehensive reentry plan for each person committed to the supervision of the Department, as soon as practicable, considering the prisoner's anticipated release date.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-32.2, relating to reentry planning.

088537796

Impact Statements

H.B. 694 Alcoholic beverage control; wine and beer tastings by gourmet shop licensees

Patron: Armstrong

Alcoholic beverage control; wine tastings by gourmet shop licensees. Allows gourmet shop licensees to sell or give samples of wine or beer at tastings sponsored by the licensee for its customers for on-premises consumption. Additionally, with the consent of the licensee, farm wineries, wineries, breweries, and wholesale licensees may participate in tastings held by licensees authorized to conduct tastings, including the pouring of samples to any person to whom alcoholic beverages may be lawfully sold. The bill contains an emergency clause.

A BILL to amend and reenact § 4.1-209 of the Code of Virginia, relating to gourmet shop wine tastings.

088396416

EMERGENCY

Impact Statements

H.B. 811 Temporary Assistance for Needy Families (TANF); waiver of ineligibility period.

Patron: Ward

TANF; waiver of ineligibility period.  Provides that the 24-month period of ineligibility shall not apply when a child is removed from his parents' home as the result of a child protective services report or complaint as defined in regulations promulgated by the Board and placed with a relative. This bill provides that in such cases, the relative with whom the child is placed shall be eligible for TANF financial assistance immediately and without waiting for the 24-month period to run.

A BILL to amend and reenact § 63.2-612 of the Code of Virginia, relating to TANF; waiver of ineligibility period.

088557820

Impact Statements

H.B. 825 Foster & adoption workers; Department of Social Services to establish minimum training requirments.

Patron: BaCote

Foster and adoption workers; minimum training requirements.  Requires the Department of Social Services to establish minimum training requirements and to provide educational programs for foster and adoption workers and their supervisors.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 63.2 a section numbered 63.2-914 and by adding in Article 1 of Chapter 12 of Title 63.2 a section numbered 63.2-1220.1, relating to foster and adoption workers; minimum training requirements.

083146820

Impact Statements

H.B. 850 Foster care; require code of ethics agreement signed by head of every foster home, etc.

Patron: Orrock

Foster care; Code of Ethics agreement. Requires Board of Social Services to approve, in foster care policy, the language of the written agreement to be entered into by local boards and licensed child-placing agencies. This bill also provides that such agreements shall include at a minimum a Code of Ethics and mutual responsibilities for all parties to the agreement.

A BILL to amend and reenact §§ 63.2-900 and 63.2-902 of the Code of Virginia, relating to a foster care agreement.

085701672

Impact Statements

H.B. 908 Alcoholic beverage control; operation of government stores on Sunday.

Patron: Gear

Alcoholic beverage control; operation of government stores; Sunday sales.  Allows ABC stores to be open in any city with a population of 100,000 or more.  Since 2004, ABC stores may be open, at the discretion of the ABC Board, in the Counties of Fairfax, Arlington, Loudoun, and Prince William, and in the Cities of Alexandria, Fairfax City, Manassas, Manassas Park, Norfolk, and Virginia Beach.  The bill would add the Cities of Portsmouth, Hampton, Newport News, Richmond, and Chesapeake.

A BILL to amend and reenact § 4.1-120 of the Code of Virginia, relating to alcoholic beverage control; operation of government stores; Sunday sales.

081799528

Impact Statements

H.B. 946 Adoption; period of validity of home study.

Patron: Iaquinto

Adoption; period of validity of home study. Provides that any home study conducted for the purpose of parental placement or agency placement shall be valid for a period of 24 months from the date of completion of the study.

A BILL to amend and reenact § 63.2-1231 of the Code of Virginia, relating to adoption; period of validity of home study.

088507560

Impact Statements

H.B. 1075 Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board.

Patron: Suit

Alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board generally; prohibited acts by licensees; exceptions.  Requires the ABC Board to adopt regulations allowing an on-premises licensee to reduce the length of any suspension or reduce the amount of any civil penalty if the licensee can demonstrate that it provided certified alcohol server training, including the Serve Safe Alcohol training through the National Restaurant Association, to its employees. The bill also authorizes an on-premises restaurant licensee to use alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold and consumed by persons who are 21 years of age or older. The bill provides that no ABC Board regulation may prohibit this. The bill prohibits a licensee from conducting a “happy hour” or related promotion at a licensed restaurant except during hours permitted by Board regulation. During any happy hour or related promotion, no licensee may (i) allow a person to possess more than two drinks; (ii) increase the volume of alcoholic beverages contained in a drink without increasing the customary or established retail price charged for such drink; (iii) sell two or more drinks for one price; (iv) sell pitchers of mixed beverages, other than sangria; (v) give away free alcoholic beverages; or (vi) sell an unlimited number of drinks for one price. Any customary pricing of alcoholic beverages by a licensee outside of any happy hour specials shall not be deemed a violation of the above prohibitions. In addition, the ABC Board is prohibited from adopting regulations prohibiting any mixed beverage licensee from pre-mixing, either in a frozen drink dispenser of a type approved by the Board, or otherwise, mixed alcoholic beverages for purposes of sale and consumption on the licensed premises. The bill requires the ABC Board to adopt regulations providing for alternative methods for licensees to maintain and store business records that are subject to Board inspection, including methods for Board-approved electronic and off-site storage. The bill also defines the term "reasonable hours" for purposes of ABC Board inspection of retail licensee records. For mixed beverage restaurant licensees, the food sale requirement is changed from 45 percent to an average of $4,000 per month annually from such licensee's gross receipts. A mixed beverage licensee is authorized to mix wine, beer and spirits as an alcoholic beverage drink for a patron. The ABC Board is required to set wholesale prices for alcoholic beverages and Board-approved products sold to mixed beverage licensees. The bill also requires the ABC Board to fix the retail prices at which the same products are sold to consumers. The bill contains technical amendments.

A BILL to amend and reenact §§ 4.1-100, 4.1-111, 4.1-204, 4.1-227, 4.1-324, and 4.1-325 of the Code of Virginia, relating to alcoholic beverage control; powers and duties of the Alcoholic Beverage Control Board generally; prohibited acts by licensees; exceptions.

081837744

Impact Statements

H.B. 1117 Alcoholic beverage control; suspension and revocation of licenses if meeting place of street gang.

Patron: Miller, P.J.

Alcoholic beverage control; suspension and revocation of licenses.  Permits the revocation of a license if the location occupied by the licensee has become a meeting place or rendezvous for members of a criminal street gang, as defined in § 18.2-46.1.

A BILL to amend and reenact § 4.1-225 of the Code of Virginia, relating to alcoholic beverage control; suspension and revocation of licenses.

081840644

Impact Statements

H.B. 1132 Wine and beer; City of Roanoke can obtain retail on-premises licenses for outdoor amphitheaters.

Patron: Fralin

Alcoholic beverage control; wine and beer licenses.  Adds the City of Roanoke to the list of locations where food concessions at outdoor amphitheaters, etc. having a seating capacity of more than 3,500 can obtain retail on-premises wine and beer licenses.

A BILL to amend and reenact § 4.1-209 of the Code of Virginia, relating to alcoholic beverage control; wine and beer licenses.

081060504

Impact Statements

H.B. 1141 Foster care; independent living services.

Patron: Fralin

Foster care; independent living services.  Provides that any person who was committed or entrusted to a local board or licensed child-placing agency may choose to discontinue receiving independent living services any time before his 21st birthday in accordance with regulations adopted by the Board. The local board or licensed child-placing agency shall restore independent living services at the request of that person provided that (i) the person has not yet reached 21 years of age and (ii) the person has entered into a written agreement, less than 60 days after independent living services have been discontinued, with the local board or licensed child-placing agency regarding the terms and conditions of his receipt of independent living services. This bill incorporates HB813.

A BILL to amend and reenact § 63.2-905.1 of the Code of Virginia, relating to foster care; independent living services.

088573504

Impact Statements

H.B. 1143 Foster care; visitation rights for siblings.

Patron: Fralin

Foster care; visitation rights for birth siblings.  Grants circuit courts and juvenile and domestic relations district courts the authority to grant visitation rights to siblings, in addition to the natural parents and grandparents, of any child entrusted or committed to foster care.

A BILL to amend and reenact § 63.2-912 of the Code of Virginia, relating to foster care; visitation rights of birth siblings.

088068504

Impact Statements

H.B. 1239 Gourmet shop licenses; licensee shall maintain certain amount of cheeses and gourmet food monthly.

Patron: Saxman

Beer and wine licensure qualifications.  Exempts certain gourmet shop licenses from compliance with monthly food sale requirement established by the Board of regulations.

A BILL to amend and reenact § 4.1-209 of the Code of Virginia, relating to alcoholic beverage control; gourmet shop licenses.

081841512

Impact Statements

H.B. 1379 Public Procurement Act; exempts purchase of product used with distilled spirits intended for resale.

Patron: Morrissey

Alcoholic beverage control; exemptions from the Virginia Public Procurement Act.  Exempts the purchase of products used in connection with distilled spirits from the Virginia Public Procurement Act as it applies to the Alcoholic Beverage Control Board.

A BILL to amend and reenact § 4.1-104 of the Code of Virginia, relating to exempting products used in connection with distilled spirits from the Virginia Public Procurement Act.

086503824

Impact Statements

H.B. 1399 Farm wineries; authorized to sell wine at wholesale for purpose of resale.

Patron: Scott, E.T.

Alcoholic beverage control; winery to winery transfers.  Permits the transfer between licensed wineries or farm wineries of fresh fruit or agricultural products for the purpose of manufacturing, blending, processing, cellaring, or bottling wine. The bill provides that these transfers can occur without a wholesaler and the wine may be sold at retail or wholesale. The bill requires complete and accurate records to be kept of these transfers.

A BILL to amend and reenact §§ 4.1-207 and 4.1-219 of the Code of Virginia, relating to alcoholic beverage control; privileges of farm wineries.

081850716

Impact Statements

H.B. 1489 Foster care plan; eliminates requirement for child placed out of his home be filed by public agency.

Patron: Fralin

Foster care plan.  Eliminates the requirement that a foster care plan for a child placed out of his home be filed by a public agency, other than a local board of social services, designated by a community policy and management team. Currently, such agencies must file a foster care plan when placing a child through an agreement with the child's parents or guardians where legal custody remains with the parents or guardians.

A BILL to amend and reenact §§ 16.1-281, 16.1-282, and 16.1-282.1 of the Code of Virginia, relating to foster care plan.

080420806

Impact Statements

H.B. 1502 Alcoholic beverage control; canal boat operator license created.

Patron: Loupassi

Alcoholic beverage control; canal boat operator license.  Creates a canal boat operator license, sets the privileges of this new license, and sets the applicable state and local license tax. The bill defines canal boat operator.

A BILL to amend and reenact §§ 4.1-100, 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; canal boat operator license.

084790606

Impact Statements

H.B. 1530 Foster children; placement of siblings together.

Patron: Nixon

Relating to placement of siblings; visitation. Requires that all reasonable steps must be taken to place siblings together in the same foster home and requires that, where siblings are placed in separate foster homes, a plan shall be developed to encourage frequent and regular visitation or communication.

A BILL to amend and reenact §§ 16.1-252 and 16.1-281 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 63.2-900.2, relating to foster children; group placement of siblings and visitation.

088556656

Impact Statements