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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 12, 2016
Time and Place: 8:00AM, Senate Room B
The meeting has been moved to 8am

H.B. 143 Alcoholic beverage control; neutral grain spirits or alcohol sold at government stores, proof.

Patron: Knight

Alcoholic beverage control; neutral grain spirits or alcohol sold at government stores; proof. Increases from 101 to 151 the proof of neutral grain spirits or alcohol that is without distinctive character, aroma, taste, or color that may be sold at government stores.

A BILL to amend and reenact § 4.1-119, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; neutral grain spirits or alcohol sold at government stores; proof.

16101873D

H.B. 226 Alcoholic beverage control; mixed beverage licenses, performing arts facilities.

Patron: Albo

Alcoholic beverage control; mixed beverage licenses; performing arts facilities. Creates an annual mixed beverage performing arts facility license for persons operating food concessions at any performing arts facility located in the City of Norfolk or the City of Richmond, provided the performing arts facility: (i) is occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years; (ii) has a capacity in excess of 1,400 patrons; and (iii) has been rehabilitated in accordance with historic preservation standards. Such license shall authorize the sale, on the dates of performances or events, of alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Alcoholic Beverage Control Board.

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

16104507D

H.B. 322 Alcoholic beverage control; summary suspension of license in emergency circumstances.

Patron: Knight

Alcoholic beverage control; summary suspension of license in emergency circumstances. Allows the Alcoholic Beverage Control Board to temporarily suspend any license or permit if it has reasonable cause to believe that an act of violence resulting in death or serious bodily injury has occurred on the licensed premises or other designated area and that emergency action is necessary to protect the health, safety, or welfare of the public.

A BILL to amend the Code of Virginia by adding a section numbered 4.1-225.1, relating to alcoholic beverage control; summary suspension of license in emergency circumstances.

16104481D

H.B. 323 Alcoholic beverage control; purchase and sale of products.

Patron: Knight

Alcoholic beverage control; purchase and sale of products. Allows the Alcoholic Beverage Control Board to buy and sell products licensed by the Virginia Tourism Corporation.

A BILL to amend and reenact §§ 4.1-103, as it is currently effective and as it shall become effective, 4.1-104, and 4.1-119, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; purchase and sale of products.

16104834D

H.B. 343 Nursing homes; reimbursement of unexpended patient funds within 30 days of written request.

Patron: Pogge

Nursing homes; reimbursement of unexpended patient funds. Requires the Board of Health to include in its regulations a provision requiring nursing homes to provide a full refund of any unexpended patient funds on deposit with the facility following the discharge or death of a patient other than entrance-related fees paid to a continuing care provider within 30 days of a written request for such funds by the discharged patient or, in the case of the death of a patient, the person administering the patient's estate in accordance with the Virginia Small Estates Act (§ 64.2-600 et seq.).

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to nursing homes; reimbursement of unexpended patient funds.

16101105D

H.B. 435 Adult day care centers; exempt from licensure, Program for All-Inclusive Care for the Elderly.

Patron: Stolle

Licensure of adult day care centers; Program for All-Inclusive Care for the Elderly programs exempt. Exempts adult day care centers that provide services only to individuals enrolled in a Program of All-Inclusive Care for the Elderly program from the requirement of a license issued by the Department of Social Services.

A BILL to amend and reenact § 63.2-1701 of the Code of Virginia, relating to licensure of adult day care centers; Programs of All-Inclusive Care for the Elderly programs exempt.

16101299D

H.B. 559 Social Services, Department of; eliminates obsolete reporting requirements.

Patron: Orrock

Department of Social Services; obsolete reporting requirements. Eliminates the requirement for an annual report assessing the Temporary Assistance for Needy Families Program (TANF) and regular reports on the fulfillment of Department of Social Services responsibilities related to faith-based and community initiatives.

A BILL to amend and reenact § 63.2-703 of the Code of Virginia and to repeal § 63.2-619 of the Code of Virginia, relating to obsolete reporting requirements.

16101672D

H.B. 654 Alcoholic beverage control; distribution of liter tax on cider produced by farm wineries.

Patron: Garrett

Alcoholic beverage control; distribution of liter tax on cider produced by farm wineries. Clarifies that the tax collected on cider produced by farm winery licensees is to be deposited in the Virginia Wine Promotion Fund.

A BILL to amend and reenact § 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distribution of liter tax on cider produced by farm wineries.

16103775D

H.B. 674 Kinship foster care; waiver of foster home approval standards.

Patron: Peace

Kinship foster care; waiver of foster home approval standards. Allows local boards of social services, subject to approval by the Commissioner of the Department of Social Services, to grant a waiver regarding the Board's standards for foster home approval, set forth in regulations, that are not related to safety.

A BILL to amend and reenact § 63.2-900.1 of the Code of Virginia, relating to kinship foster care; waiver of foster home approval standards.

16101847D

H.B. 676 Financial exploitation of adults; DARS work group to study.

Patron: Peace

DARS; work group to study financial exploitation of adults in the Commonwealth. Directs the Commissioner of the Department for Aging and Rehabilitative Services, together with the Director of the Department for Planning and Budget or his designee, representatives of the Department of Social Services' Adult Protective Services Unit and local department of social services' adult protective services units, law enforcement agencies, financial institutions in the Commonwealth, and organizations representing elderly individuals and adults with disabilities, to determine the cost of financial exploitation of adults in the Commonwealth and develop recommendations for improving the ability of financial institutions to identify financial exploitation of adults, the process by which financial institutions report suspected financial exploitation of adults, and interactions between financial institutions and local adult protective services units investigating reports of suspected financial exploitation of adults and to report on his activities and recommendations to the Governor and the General Assembly by January 1, 2017.

A BILL to require the Commissioner of the Department for Aging and Rehabilitative Services to convene a work group to study financial exploitation of adults in the Commonwealth.

16104738D

H.B. 706 Alcoholic beverage control; corkage fee for beer and cider.

Patron: Yancey

Alcoholic beverage control (ABC); corkage fee for beer and cider. Permits any restaurant with an ABC license to permit the consumption of lawfully acquired beer or cider by bona fide customers on the premises in all areas and locations covered by the license under certain conditions and allows the licensee to charge a corkage fee to such customer for the beer or cider so consumed; however, the licensee shall not charge any other fee to such customer. Under current law, a licensed restaurant may charge a corkage fee for wine.

A BILL to amend and reenact § 4.1-201 of the Code of Virginia, relating to alcoholic beverage control; corkage fee for beer and cider.

16103707D

H.B. 740 Federal Rehabilitation Act and Older Americans Act; amends certain language in Code.

Patron: Yost

Federal Rehabilitation Act and Older Americans Act. Amends certain language in the Code of Virginia to conform to the federal Rehabilitation Act and Older Americans Act. The bill adds to the services to be provided through grants or contracts with centers for independent living to include services that (i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, (ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community, and (iii) facilitate the transition of youth with significant disabilities, who were eligible for individualized education programs under the Individuals with Disabilities Education Act or who have completed their secondary education, to post-secondary life. The bill also requires that individualized plans for employment for recipients of vocational rehabilitation services provided or funded by DARS be developed as soon as possible, but not later than 90 days after the due date of the determination of eligibility. The bill also repeals a section of the Code of Virginia that listed certain services employers may provide through projects with DARS designed to provide vocational rehabilitation in realistic employment settings and to provide on-the-job training for persons with disabilities.

 A BILL to amend and reenact §§ 51.5-41, 51.5-120, 51.5-163, 51.5-164, and 51.5-172 through 51.5-176 of the Code of Virginia and to repeal § 51.5-165 of the Code of Virginia, relating to federal Rehabilitation Act and Older Americans Act.

16104879D

H.B. 755 Alcoholic beverage control; annual mixed beverage performing arts facility license.

Patron: Bell, Richard P.

Alcoholic beverage control; annual mixed beverage performing arts facility license. Authorizes the Alcoholic Beverage Control Board to grant an annual mixed beverage performing arts facility license to persons operating food concessions at any performing arts facility located in the City of Waynesboro, provided that the performing arts facility (i) is occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years; (ii) has a total capacity in excess of 550 patrons; and (iii) has been rehabilitated in accordance with historic preservation standards. Such license shall authorize the sale, on the dates of performances or private or special events, of alcoholic beverages for on-premises consumption in areas upon the licensed premises approved by the Board.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; annual mixed beverage performing arts facility license.

16103665D

H.B. 782 Social services, local board of; proceedings against persons liable for support.

Patron: Helsel

Proceedings against persons liable for support. Repeals the authority of a local board of social services to proceed in a manner provided by law against any person who is liable for support of an applicant or recipient of public assistance to require such person, if of sufficient financial ability, to support the applicant or recipient.

A BILL to repeal § 63.2-511 of the Code of Virginia, relating to local board of social services; proceedings against persons liable for support.

16101286D

H.B. 816 Public Guardian and Conservator Advisory Board; membership.

Patron: Peace

Public Guardian and Conservator Advisory Board. Removes from the membership of the Public Guardian and Conservator Advisory Board (the Advisory Board) one representative of the Virginia Guardianship Association. The bill also moves existing provisions relating to the Advisory Board from Title 2.2 (Administration of Government) to Title 51.5 (Persons with Disabilities) for administrative purposes.

A BILL to amend and reenact § 51.5-150 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 51.5-149.1 and 51.5-149.2, and to repeal §§ 2.2-2411 and 2.2-2412 of the Code of Virginia, relating to Public Guardian and Conservator Advisory Board.

16101383D

H.B. 1026 Social Services, Department of; electronic notices.

Patron: Sickles

Department of Social Services; electronic notices. Allows the Department of Social Services to deliver certain notices by electronic means, which in some cases is access to a secure portal for receipt of such notices. Under current law, such notices generally require service of notice or delivery by certified mail, return receipt requested. The bill allows the delivery by electronic means of notices of (i) intent to suspend a debtor's driver's license due to delinquency in the payment of child support; (ii) the availability of federal and state earned income tax credits to all recipients of public benefits; (iii) an action to enforce certain orders directing the payment of child or spousal support; (iv) an action to review the amount of support ordered; (v) withholding from a noncustodial parent's income for support obligations; (vi) intent to enforce a support lien by distraint, seizure, and sale of the property subject to such lien; (vii) a petition for a court order to suspend any license, certificate, registration, or other authorization to engage in a business, trade, or recreational activity issued to the obligor of a support order by the Commonwealth due to delinquency in payment; (viii) certain administrative decisions of hearing officers; and (ix) payments of public assistance benefits or child support services.

A BILL to amend and reenact §§ 20-60.5, 46.2-320.1, 63.2-527, 63.2-1900, 63.2-1903, 63.2-1916, 63.2-1917, 63.2-1921, 63.2-1923, 63.2-1924, 63.2-1925, 63.2-1929, 63.2-1930, 63.2-1933, 63.2-1937, and 63.2-1942 of the Code of Virginia, relating to the Department of Social Services; electronic notices.

16101284D

H.B. 1266 Guardianship appointments, modifications, and terminations; notice sent to DMAS.

Patron: Habeeb

Guardianship appointments, modifications, and terminations; notice to the Department of Medical Assistance Services. Requires that notices of guardianship appointments, modifications, and terminations be sent to the Department of Medical Assistance Services. Current law requires that such notices be sent only to the local department of social services.

A BILL to amend and reenact §§ 64.2-2011 and 64.2-2014 of the Code of Virginia, relating to guardianship appointments, modifications, and terminations; notice to the Department of Medical Assistance Services.

16103581D

H.B. 1267 Guardianship or conservatorship; orders prior to the respondent's 18th birthday.

Patron: Habeeb

Petitions for guardianship or conversvatorship; orders prior to the respondent's 18th birthday. Clarifies that a court may enter an order of appointment for a respondent's parent or guardian, or other person if there is no living parent or guardian, prior to the respondent's eighteenth birthday. The bill requires that any such order state whether the order takes effect immediately upon entry or on the child's eighteenth birthday.

A BILL to amend and reenact §§ 64.2-2001 and 64.2-2009 of the Code of Virginia, relating to guardianship and conservatorship petitions; respondents who are under the age of 18.

16103583D

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. 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. 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. 781 Prisoners; transporting from local correctional facilities.

Patron: DeSteph

Transport of prisoners. Provides that the sheriff or administrator in charge of a local or regional correctional facility and the employees of the facility acting on the direction of the sheriff or administrator have the authority to transport the prisoner to another jurisdiction inside or outside the Commonwealth for a lawful purpose and to retain authority over the prisoner.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-70.1, relating to local correctional facilities; transport of prisoners.

16105245D