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2014 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Linda T. Puller

Clerk: Eric Bingham
Staff: Sarah Stanton
Date of Meeting: February 14, 2014
Time and Place: 8:30 AM, Senate Room B
Revised to include HB882

H.B. 202 Licensure of assisted living facilities; credit references.

Patron: O'Bannon

Licensure of assisted living facilities; credit references. Updates requirements relating to applications for licensure as an assisted living facility, replacing the requirement for at least one letter of credit with the requirement for at least one credit reference.

A BILL to amend and reenact § 63.2-1707 of the Code of Virginia, relating to licensure of assisted living facilities; credit references.

14101003D

H.B. 215 District board of social services; process for withdrawal by local governments.

Patron: Tyler

Withdrawal from district board of social services. Establishes a process for withdrawal from a district board of social services by the local governing body of a county or city.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-306.1, relating to district boards of social services.

14100945D

H.B. 217 Alcoholic beverage control; mixed beverage license for Virginia State Fair.

Patron: Albo

Alcoholic beverage control; mixed beverage license for Virginia State Fair. Updates the license for the Virginia State Fair.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage license for Virginia State Fair.

14100760D

H.B. 240 Long-Term Care Ombudsman, Office of State; access to clients, patients, individuals, etc., records.

Patron: O'Bannon

Office of State Long-Term Care Ombudsman; access to clients, patients, individuals, facilities, and records. Provides that the entity designated by the Department for Aging and Rehabilitative Services to operate the programs of the Office of the State Long-Term Care Ombudsman shall have access to adult day care centers, assisted living facilities, nursing facilities and nursing homes, hospices, home care organizations, providers licensed by the Department of Behavioral Health and Developmental Services, state hospitals, and training centers; their clients, patients, and individuals receiving services; and the records of those clients, patients, and individuals receiving services, for the purposes of investigating complaints referred to the program.

A BILL to amend and reenact § 51.5-140 of the Code of Virginia, relating to Office of State Long-Term Care Ombudsman; access to clients, patients, individuals, facilities, and records.

14103957D

H.B. 262 Local boards; appointment of members of boards of supervisors.

Patron: Scott

Local boards; appointment of members of boards of supervisors. Provides that in cases in which a member of a local board of social services is also a member of the board of supervisors of a county represented by the local board, he shall serve on the local board at the pleasure of the board of supervisors of which he is a member or until such time as he ceases to be a member of the board of supervisors.

A BILL to amend and reenact § 63.2-301 of the Code of Virginia, relating to local boards; appointment of members of boards of supervisors.

14102067D

H.B. 264 Local boards of social services; authority to employ in-house counsel.

Patron: Bell, Richard P.

Authority of local boards of social services to employ in-house counsel. Authorizes local boards of social services to employ in-house counsel to provide general legal advice and representation related to specific actions.

A BILL to amend and reenact § 63.2-317 of the Code of Virginia, relating to the authority of local boards of social services to employ in-house counsel.

14102751D

H.B. 270 Alcoholic beverage control; certain licensees to provide information to consumer.

Patron: Bulova

Alcoholic beverage control; certain licensees to provide information to consumer while on the premises of licensed retailers. Allows any winery, farm winery, wine importers, or wine wholesaler licensee to provide to adult customers of licensed retail establishments information about wine being consumed on such premises.

A BILL to amend and reenact § 4.1-201 of the Code of Virginia, relating to alcoholic beverage control; certain licensees to provide information to consumers while on the premises of licensed retailers.

14100824D

H.B. 282 Alcoholic beverage control; contract winemaking facility, nonpayment.

Patron: Albo

Alcoholic beverage control; contract winemaking facility; nonpayment. Allows a contract winemaking facility to sell the wine it produced if the terms of payment have not been fulfilled in accordance with the contract with the winery or farm winery that supplied the grapes or other agricultural products.

A BILL to amend and reenact § 4.1-100 of the Code of Virginia, relating to alcoholic beverage control; contract winemaking facility; nonpayment.

14102207D

H.B. 283 Alcoholic beverage control; suspension of license for local tax delinquency.

Patron: Albo

Alcoholic beverage control; suspension of license for local tax delinquency. Authorizes the ABC Board to suspend or revoke the license of a licensee who is delinquent for a period of 90 days or more in the payment of any taxes, or any penalties or interest related thereto, lawfully imposed by the locality where the licensed business is located, as certified by the treasurer, commissioner of the revenue, or finance director of such locality, unless (i) the outstanding amount is de minimis; (ii) the licensee has pending a bona fide application or appeal with respect to such taxes, penalties, or interest; or (iii) the licensee has entered into a payment plan approved by the same locality to settle the outstanding liability.

A BILL to amend and reenact § 4.1-225 of the Code of Virginia, relating to alcoholic beverage control; suspension of license for local tax delinquency.

14102788D

H.B. 284 Alcoholic beverage control; air carrier licensees, privileges.

Patron: Albo

Alcoholic beverage control; air carrier licenses; privileges. Provides that for purposes of supplying its airplanes, as well as any airplanes of a licensed express carrier flying under the same brand, an air carrier licensee may appoint an authorized representative to transport and store wine and beer at or in close proximity to the airport where the wine and beer will be delivered onto the airplanes of the air carrier and any such licensed express carrier.  The bill provides that the air carrier licensee shall (i) designate for purposes of its license all locations where the inventory of wine and beer may be stored and from which the wine and beer will be delivered onto airplanes of the air carrier and any such licensed express carrier and (ii) maintain records of all wine and beer to be transported, stored, and delivered by its authorized representative.  The bill includes the same requirements for mixed beverages air carrier licensees for distilled spirits.

A BILL to amend and reenact §§ 4.1-209 and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; air carrier licenses; privileges.

14104340D

H.B. 407 Adoption; disclosure of identifying information.

Patron: Toscano

Adoption; disclosure of identifying information. Provides that in cases in which an adult adopted person seeks disclosure of identifying information about his birth parents and consent of the birth parents is not obtainable due to the death or mental incapacity of the birth parents, the Commissioner of Social Services shall release the identifying information requested upon a showing of good cause as to why the information should be made available. In cases in which the Commissioner refuses to disclose the information requested, the adult adopted person may apply to the circuit court for an order to disclose the information. Currently, an adult adopted person seeking disclosure of identifying information when his birth parents are unable to consent due to death or mental incapacity must petition the circuit court for release of identifying information.

A BILL to amend and reenact § 63.2-1246 of the Code of Virginia, relating to adoption; disclosure of identifying information.

14101052D

H.B. 412 Child care; Department of Social Services to plan for national background checks for providers.

Patron: Anderson

Child welfare agencies; criminal history background checks. Directs the Department of Social Services to convene a work group to review current state and federal laws and regulations governing criminal history background checks for child-care providers and to develop a plan for implementation of national fingerprint-based criminal history background checks for all child care providers in the Commonwealth, and to report to the Governor and the General Assembly by November 1, 2014. This bill incorporates HB 552 and HB 1252.

 A BILL to require the Department of Social Services to convene a work group to develop a plan for implementation of national fingerprint-based background checks for child care providers.

14104198D

H.B. 450 Background checks; employment prior to receipt of results.

Patron: Bell, Robert B.

Background checks; employment prior to receipt of results. Provides that no person shall be employed in a position that involves direct contact with a patient of, or person or child receiving services from, a nursing home, home health organization, hospice, assisted living facility, adult day care, child welfare agency, or family day home approved by a family day system until the results of a criminal history background check have been received, unless the person works under the direct supervision of a person for whom a background check has been performed.

A BILL to amend and reenact §§ 32.1-126.01, 32.1-162.9:1, 63.2-1720, 63.2-1721, and 63.2-1724 of the Code of Virginia, relating to background checks; employment prior to receipt of results.

14100756D

H.B. 468 Child day program; licensure exemptions.

Patron: Massie

Child day program licensure exemptions. Exempts from the child day program licensure requirement any summer instructional or athletic experience operated by an accredited private elementary, middle, or high school.

A BILL to amend and reenact § 63.2-1715 of the Code of Virginia, relating to child day program licensure exemptions.

14101904D

H.B. 668 Independent living services; individuals between 18 and 21 years of age.

Patron: Brink

Independent living services; individuals between 18 and 21 years of age. Requires local departments of social services and child-placing agencies to provide independent living services to any person between 18 and 21 years of age who is transitioning from a commitment to the Department of Juvenile Justice to self-sufficiency when such individual was in the custody of the local department of social services immediately prior to his commitment, provides written notice of his intent to receive independent living services, and enters into a written agreement for independent living services with the local board of social services or child-placing agency within 60 days of his release. Currently, local departments and child-placing agencies may but are not required to provide independent living services to such individuals.

A BILL to amend and reenact § 63.2-905.1 of the Code of Virginia, relating to independent living services; individuals between 18 and 21 years of age.

14102302D

H.B. 868 Geriatric prisoners; conditional release, persons subject to protective orders ineligible.

Patron: Yost

Conditional release of geriatric prisoners; persons subject to protective orders ineligible. Provides that a prisoner who was convicted of a felony act of violence and who was subject to a protective order at the time of the offense is ineligible for conditional release from prison due to age if the victim of the felony offense was the protected person under the protective order.

A BILL to amend and reenact § 53.1-40.01 of the Code of Virginia, relating to conditional release of geriatric prisoners; persons subject to protective orders ineligible.

14102365D

H.B. 882 Alcoholic beverage control; sale of cider in any size containers allowable for wine, etc.

Patron: Carr

Alcoholic beverage control; sale of wine and cider in growlers. Allows the sale of wine in growlers or other reusable containers that are federally approved, provided such containers are labeled in accordance with Board regulations and limited for use to persons licensed to sell wine at retail for both off- and on-premises consumption. The bill also allows the sale of cider in containers that are federally approved, provided such containers are labeled in accordance with Board regulations and limited for use by persons licensed to sell cider at retail for both off- and on-premises consumption. The bill contains technical amendments.

A BILL to amend and reenact §§ 4.1-213, 4.1-324, and 4.1-325 of the Code of Virginia, relating to alcoholic beverage control; sale of wine and cider in growlers.

14102051D

H.B. 1052 Method of execution; Director of DOC certifies that lethal injection isn't available, electrocution.

Patron: Miller

Method of execution. Provides that if the Director of the Department of Corrections certifies that lethal injection is not available as a method of execution, electrocution shall be used instead.

A BILL to amend and reenact § 53.1-234 of the Code of Virginia, relating to method of execution.

14101386D

H.B. 1150 Alcoholic beverage control; government stores, agents of Board.

Patron: Bell, Richard P.

Alcoholic beverage control; government stores; agents of Board. Provides that certain licensed distillers who are appointed agents of the ABC Board may use copper or stainless steel pot stills to blend or produce spirits.

A BILL to amend and reenact § 4.1-119 of the Code of Virginia, relating to alcoholic beverage control; government stores; agents of Board.

14103298D