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2016 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Eric Bingham
Staff: Sarah Stanton, David May
Date of Meeting: February 5, 2016
Time and Place: 8:00 AM, Senate Room B

S.B. 215 Juvenile detention homes and correctional facilities; room segregation.

Patron: Favola

Juvenile detention homes and correctional facilities; room segregation. Places a four-hour limit on the amount of time that a resident of a juvenile detention home or juvenile correctional facility can be involuntarily left alone in a room (room segregation) unless he poses an actual, immediate danger to himself or others. The bill requires that other, less-restrictive options be considered before room segregation is implemented and that room segregation be used only for specified reasons and for the minimum amount of time necessary to address the situation.

A BILL to amend the Code of Virginia by adding in Article 13.1 of Chapter 11 of Title 16.1 a section numbered 16.1-322.5 and by adding a section numbered 66-13.2, relating to juvenile facilities; room segregation.

16101860D

S.B. 312 Death penalty executions; imposes moratorium.

Patron: Dance

Death penalty executions; moratorium. Imposes a moratorium on executions. The bill does not affect any other matter of law related to the death penalty, including bringing and trying capital charges, sentencing proceedings, imposition of the death penalty, appeals of the death penalty, and habeas review. The moratorium will remain in effect until adjournment of the first regular session of the General Assembly after a joint subcommittee established pursuant to a joint resolution passed by the 2016 General Assembly conducts a study of the death penalty in the Commonwealth and issues a report of its conclusions.

A BILL to establish a moratorium on prisoner executions.

16102930D

S.B. 410 Alcoholic beverage control; consumption of samples by brewery tour guides.

Patron: Barker

Alcoholic beverage control; consumption of samples by brewery tour guides. Requires the Alcoholic Beverage Control Board to adopt regulations that prescribe the terms and conditions under which tour guides employed by certain licensed breweries may consume up to three four-ounce samples of beer while conducting tours of the premises for the purpose of featuring and educating the public about the beer being tasted.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; consumption of samples by brewery tour guides.

16102460D

S.B. 417 Social Services, Department of; unauthorized practice of law.

Patron: Vogel

Department of Social Services; unauthorized practice of law. Allows designated nonattorney employees of a local department of social services to (i) initiate a case on behalf of the local department by appearing before an intake officer and (ii) complete, sign, and file with the clerk of the juvenile and domestic relations district court, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause. The bill also directs directors of local departments of social services to designate nonattorney employees who are authorized to perform such tasks.

A BILL to amend and reenact §§ 16.1-260, 54.1-3900, and 63.2-332 of the Code of Virginia, relating to Department of Social Services; unauthorized practice of law.

16101307D

S.B. 467 Child day programs; exemptions from licensure.

Patron: Wagner

Child day programs; exemptions from licensure. Exempts from licensure any child day program that is (i) an instructional program offered by a public or private school that serves preschool-age children and receives state funds or (ii) offered by a local school division, staffed by local school division employees, and attended by children who are enrolled in public school. The bill also removes the directive that any education and care programs provided by public schools that are not exempt from licensure be regulated by the State Board of Education using regulations that incorporate, but may exceed, the regulations for child day centers licensed by the Department of Social Services.

A BILL to amend and reenact §§ 19.2-392.02, 22.1-19, and 63.2-1715 of the Code of Virginia, relating to child day programs; exemptions from licensure.

16100972D

S.B. 488 Alcoholic beverage control; food-beverage ratio.

Patron: DeSteph

Alcoholic beverage control; food-beverage ratio. Modifies the food-beverage ratio for mixed beverage restaurant licensees to require that such licensees sell a minimum of 25 cents of food and nonalcoholic beverages for every dollar of mixed beverages sold. The bill provides that gross receipts shall be calculated on the basis of the price that the licensee paid for the food, nonalcoholic beverages, or mixed beverages sold, rather than the price at which the licensee sells such items to patrons. Under current law, a licensee's gross receipts, which are calculated on the basis of the price at which the licensee sells items to patrons, from the sale of food and nonalcoholic beverages must amount to at least 45 percent of its gross receipts from the sale of mixed beverages and food. The bill also requires mixed beverage restaurant licensees to serve food during any period of time mixed beverages are served and allows the Alcoholic Beverage Control Board to summarily suspend a license for a maximum of 24 hours for failure to comply with this provision.

A BILL to amend and reenact § 4.2-210 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; food-beverage ratio.

16101477D

S.B. 489 Alcoholic beverage control; food-beverage ratio.

Patron: DeSteph

Alcoholic beverage control; food-beverage ratio. Provides that a mixed beverage restaurant licensee meets the required food-beverage ratio if its gross receipts from the sale of food and nonalcoholic beverages amount to at least (i) $5,000 per month or (ii) 25 percent of the gross receipts from the sale of mixed beverages and food. The bill also provides that mixed beverage caterer and limited mixed beverage caterer licensees meet the required food-beverage ratio if their gross receipts from the sale of food and nonalcoholic beverages amount to at least 25 percent of their gross receipts from the sale of mixed beverages and food. Under current law, mixed beverage restaurant, mixed beverage caterer, and limited mixed beverage caterer licensees' gross receipts from the sale of food and nonalcoholic beverages must amount to at least 45 percent of their gross receipts from the sale of mixed beverages and food. The bill also requires such licensees to serve food during any period of time mixed beverages are served and allows the Alcoholic Beverage Control Board to summarily suspend a license for a maximum of 24 hours for failure to comply with this provision.

A BILL to amend and reenact §§ 4.1-100, as it is currently effective and as it shall become effective, 4.1-114, and 4.1-210 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; food-beverage ratio.

16101509D

S.B. 536 Alcoholic beverage control; distiller's license, increases quantity may be served at tastings.

Patron: Deeds

Alcoholic beverage control; distiller's license; tastings. Increases from one and one-half ounces to four and one-half ounces the total quantity of spirits a distiller licensee may serve to each consumer at a tasting event. The bill allows samples to be offered in flights of three different spirits products, but limits each sample to one-half ounce per spirits product, unless served as a mixed beverage, in which case the sample may contain up to one and one-half ounces of spirits. The bill also allows distiller licensees to operate one remote tasting room, designated in the license, at which tastings may be conducted and spirits sold in closed containers for off-premises consumption.

A BILL to amend and reenact §§ 4.1-119, as it is currently effective and as it shall become effective, 4.1-201.1, and 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; distiller's license; tastings.

16103015D

S.B. 578 Alcoholic beverage control; limited brewery licenses.

Patron: Barker

Alcoholic beverage control; limited brewery licenses. Provides that for a limited brewery license, "land zoned agricultural" means land zoned as an agricultural district or classification, but does not include any other zoning classification or designation that permits agricultural uses. Under current law, such license may be granted only if the land is zoned agricultural.

A BILL to amend and reenact § 4.1-208 of the Code of Virginia, relating to alcoholic beverage control; limited brewery licenses.

16103917D

S.B. 579 Alcoholic beverage control; limited distiller's licenses, land zoned agricultural.

Patron: Barker

Alcoholic beverage control; limited distiller's licenses. Provides that for a limited distiller's license, "land zoned agricultural" means land zoned as an agricultural district or classification, but does not include any other zoning classification or designation that permits agricultural uses. Under current law, such license may be granted only if the land is zoned agricultural.

A BILL to amend and reenact § 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; limited distiller's licenses.

16103933D

S.B. 695 Alcoholic beverage control; wine and beer licenses for certain properties.

Patron: Deeds

Alcoholic beverage control; wine and beer licenses for certain properties. Provides that the Alcoholic Beverage Control Board may grant retail on-premises wine and beer licenses to persons operating a concert and dinner-theater venue on property fronting Natural Bridge School Road in Natural Bridge Station, Virginia, and formerly operated as Natural Bridge High School, which licenses shall authorize the licensee to sell wine and beer during events for on-premises consumption. The bill exempts such licensee from any minimum monthly food sale requirement, but requires that food, whether or not prepared on the premises, be served whenever wine or beer is served.

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

16103421D

S.B. 714 Alcoholic beverage control; privileges of distiller's license.

Patron: Garrett

Alcoholic beverage control; privileges of distiller's license. Allows distiller's licensees to (i) sell at retail the brands of alcoholic beverages that the licensee owns at premises described in the license for on-premises consumption and in closed containers for off-premises consumption and (ii) offer samples of such products to individuals visiting the licensed premises. Under current law, distiller's licensees may only sell such alcoholic beverages at government stores established by the Alcoholic Beverage Control Board on the distiller's licensed premises. The bill levies on alcoholic beverages sold by distiller's licensees to consumers at retail a tax of 20 percent of the price charged.

A BILL to amend and reenact §§ 4.1-119, as it is currently effective and as it shall become effective, 4.1-206, 4.1-234, and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; privileges of distiller's license.

16104086D

S.B. 724 Corrections, Board of; powers and duties.

Patron: Marsden

Board of Corrections; powers and duties. Restores the authority of the Board of Corrections (the Board) to (i) ensure the development of long-range programs and plans for corrections services provided at the state and local levels; (ii) review and comment on all budgets and requests for appropriations for the Department of Corrections (the Department) prior to submission to the Governor and on all applications for federal funds; (iii) monitor the activities of the Department and its effectiveness in implementing the standards and goals of the Board; and (iv) authorize the payment of medical expenses incurred by a prisoner after his release or discharge from the Department when such expenses are the result of an injury suffered by the prisoner while incarcerated and not caused by the misconduct of the prisoner. Chapter 375 of the Acts of Assembly of 2011 repealed the Board's authority to perform these tasks.

A BILL to amend and reenact § 53.1-5 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 53.1 a section numbered 53.1-7.1, relating to Board of Corrections; powers and duties.

16103428D

S.B. 758 Alcoholic beverage control; farm winery license.

Patron: Black

Alcoholic beverage control; farm winery license. Allows Class A farm winery licensees to trade fruits or agricultural products grown or produced on such farms with other farm winery licensees and provides that such fruit or agricultural products shall be considered to be grown or produced on the receiving farm for the purposes of meeting the requirement that at least 51 percent of the fruits or agricultural products used by a Class A farm winery licensee to manufacture wine shall be grown or produced on such farm.

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

16104150D