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2017 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Joanna Bolstad, E. Barton
Staff: David May, Sarah Stanton
Date of Meeting: January 20, 2017
Time and Place: 8:30 a.m. / Senate Room B

S.B. 940 Mental health screening of prisoners at local correctional facilities.

Patron: Cosgrove

Mental health screening of prisoners at local correctional facilities. Requires that the staff of a local or regional correctional facility screen persons admitted to the facility for mental illness using a scientifically validated instrument designated by the Commissioner of Behavioral Health and Developmental Services. The bill provides that if the screening indicates that a person may have a mental illness, an assessment of his need for mental services shall be conducted within 72 hours of the time of the screening by a qualified mental health professional.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-126.1, relating to mental health screening of prisoners at local correctional facilities.

17101438D

S.B. 943 Alcoholic beverage control; location of government stores.

Patron: Ebbin

Alcoholic beverage control; location of government stores. Requires the Alcoholic Beverage Control Board (Board) or its designee to provide notice and hold a public hearing before establishing a government store for the sale of alcoholic beverages. The bill prohibits the establishment of a government store within one-tenth of a mile of any (i) church, synagogue, mosque, or other place of religious worship; (ii) public, private, or parochial school, college, or university; or (iii) child-welfare agency. The bill requires the Board, prior to entering into any lease of real property for the purposes of establishing a government store, to (a) conduct a visual inspection of the property and (b) consult with the Department of Social Services and the Department of Education or review any databases maintained by such departments regarding the locations of schools and child welfare agencies to ensure that the property to be leased is not located within one-tenth of a mile of any of the aforementioned entities. The bill provides that any government store established prior to July 1, 2017, by the Board may continue to operate without meeting the requirements of this bill.

A BILL to amend and reenact § 4.1-103, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; location of government stores.

17100647D

S.B. 970 Alcoholic beverage control (ABC); food-to-beverage ratio for certain mixed beverage licensees.

Patron: DeSteph

Alcoholic beverage control (ABC); food-to-beverage ratio for certain mixed beverage licensees. Reduces the current 45 percent food-to-beverage ratio for mixed beverage licensees to 35 percent under certain conditions met by a mixed beverage licensee in accordance with ABC Board regulations. The bill requires the ABC Board to adopt fast-track regulations that prescribe the terms and conditions under which persons holding a mixed beverage restaurant, caterer's, or limited caterer's license meet or exceed the following: (i) For such licensees with monthly food sales of at least $4,000 but less than $10,000, the food-to-beverage ratio shall be 35 percent; and (ii) for such licensees with monthly food sales of at least $10,000, there shall be no food-to-beverage ratio requirement imposed. The bill provides in addition that such regulations shall provide that food cooked or prepared on the premises and consumed on the premises shall be available at all times when alcoholic beverages are served by such licensees. The bill is a recommendation of the Special Joint Subcommittee of the House Committee on General Laws and the Senate Committee of Rehabilitation and Social Services Studying ABC Issues.

A BILL to amend and reenact §§ 4.1-111 and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio for certain mixed beverage licensees.

17101213D

S.B. 1108 Alcoholic beverage control; creates walking tour permit.

Patron: Sturtevant

Alcoholic beverage control; walking tour permit. Creates a new permit that allows tour companies guiding individuals for compensation on a walking tour to licensed retail establishments to collect as one fee from tour participants (i) the licensee's fee for the alcoholic beverages served as part of the tour, (ii) a fee for any food offered as part of the tour, and (iii) a fee for the walking tour service. The bill requires the tour company to remit to the licensee any fee collected for the alcoholic beverages served as part of the tour.

A BILL to amend and reenact § 4.1-212 of the Code of Virginia, relating to alcoholic beverage control; walking tour permit.

17101003D

S.B. 1150 Alcoholic beverage control; ABC Board to require bar bystander training.

Patron: Favola

Alcoholic beverage control; bar bystander training. Directs the Alcoholic Beverage Control Board to promulgate regulations that require all retail on-premises licensees and employees of such licensees who serve as a bartender or otherwise sell, serve, or dispense alcoholic beverages for on-premises consumption to undergo bar bystander training. The bill provides that the bar bystander training program shall focus on providing licensees, bartenders, and other employees with (i) information that will better enable them to recognize situations that may lead to sexual assault and (ii) intervention strategies to prevent such situations from culminating in sexual assault.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; bar bystander training.

17103052D

S.B. 1161 Alcoholic beverage control; food sale requirements.

Patron: Reeves

Alcoholic beverage control; food sale requirements. Provides that a business may be considered a restaurant for purposes of mixed beverage licenses if it regularly sells foods, rather than meals, prepared on the premises. The bill also clarifies that in calculating the denominator of the food-beverage ratio, mixed beverage restaurant licensees, mixed beverage caterer's licensees, mixed beverage limited caterer's licensees, and limited mixed beverage restaurant licensees shall include the gross receipts from the sale of nonalcoholic beverages.

A BILL to amend and reenact §§ 4.1-100, as it is currently effective and as it shall become effective, and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food sale requirements.

17100928D

S.B. 1191 Assisted living facilities; cap on civil penalties.

Patron: Sturtevant

Assisted living facilities; cap on civil penalties. Increases the aggregate amount of civil penalties that the Commissioner of the Department of Social Services may assess against an assisted living facility for noncompliance with the terms of its license from $10,000 per 24-month period to $10,000 per 12-month period.

A BILL to amend and reenact § 63.2-1709.2 of the Code of Virginia, relating to assisted living facilities; cap on civil penalties.

17100546D

S.B. 1216 Alcoholic beverage control; availability of food when spirits served.

Patron: DeSteph

Alcoholic beverage control; availability of food when spirits served. Directs the Alcoholic Beverage Control Board to promulgate regulations that require mixed beverage licensees to have food, cooked or prepared on the licensed premises, available for on-premises consumption whenever spirits are sold or served. The bill requires that such food be available in all areas of the licensed premises in which spirits are sold or served.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; availability of food when spirits served.

17101562D

S.B. 1271 Alcoholic beverage control; rental of draft truck by retail licensee.

Patron: Ebbin

Alcoholic beverage control; rental of draft truck by retail licensee. Allows a beer wholesaler to rent to any on-premises retail licensee a draft truck and any equipment necessary to operate such draft truck for use by the retail licensee at a special event for which an extension of the retail licensee's licensed premises has been granted by the Alcoholic Beverage Control Board. Under current law, wholesalers are prohibited from selling, renting, or lending to any retail licensee equipment with which the business of such retail licensee is or may be conducted.

A BILL to amend and reenact § 4.1-216 of the Code of Virginia, relating to alcoholic beverage control; rental of draft truck by retail licensee.

17102824D

S.B. 1287 Virginia Alcoholic Beverage Control Authority; changes effective date for creation of Authority.

Patron: McDougle

Virginia Alcoholic Beverage Control (ABC) Authority. Changes the effective date for the creation of the ABC Authority from July 1, 2018, to January 15, 2018. The bill creates a transition period from January 15, 2018, until December 31, 2018, during which time the current Department will coexist with the ABC Authority to facilitate an orderly and efficient transition and to ensure the continuation of operations during the transition. The bill provides that during the transition period the current ABC Board will be the Board of Directors of the ABC Authority. The bill grants to the ABC Authority the authority to implement and maintain independent payroll and nonpayroll disbursement systems, which are subject to review and approval by the State Comptroller and which include travel reimbursements, revenue refunds, disbursements for vendor payments, petty cash, and interagency payments. The bill also (i) streamlines the suspension and revocation process to encourage settlement of cases before reaching the appeal level to the Board of Directors, (ii) exempts the Authority from mandatory procurement provisions, and (iii) authorizes the Board of Directors to delegate or assign to any officer or employee of the Authority any duties or tasks required to be performed by the Authority, but provides that the Board remains responsible for the performance of any such duties or tasks. The bill contains numerous technical amendments.

A BILL to amend and reenact §§ 4.1-101.01, 4.1-101.02, 4.1-101.05, 4.1-101.07, 4.1-101.010, 4.1-103, and 4.1-103.1, as they shall become effective, 4.1-225, and 4.1-227 of the Code of Virginia and to amend and reenact the fourth, fifth, and twelfth enactments of Chapters 38 and 730 of the Acts of Assembly of 2015, to amend the Code of Virginia by adding a section numbered 4.1-103.03, and to repeal the sixth enactments of Chapters 38 and 730 of the Acts of Assembly of 2015, relating to the Virginia Alcoholic Beverage Control Authority.

17103657D

S.B. 1290 Prisoners; orders permitting to work on public works projects.

Patron: Chafin

Orders permitting prisoners to work on public works projects; sentencing. Provides that a circuit court or general district court judge may request any local governing body within the judicial circuit or district of such judge to establish prisoner workforces. The bill adds prisoner workforces to the list of authorized workplaces that a circuit court or general district court can order a prisoner to perform work and receive credit toward his sentence.

A BILL to amend and reenact §§ 53.1-128 and 53.1-129 of the Code of Virginia, relating to orders permitting prisoners to work on workforces; sentencing.

17103108D

S.B. 1313 Regional jails; reimbursement of capital costs of construction, etc., to locality.

Patron: McDougle

Reimbursement of capital costs; regional jails; regional contracts for cooperative jailing. Provides that on or after July 1, 2017, the Commonwealth shall reimburse a locality a maximum of one-fourth of the capital costs for any regional jail construction, enlargement, or renovation project that has been approved by the Governor on or after July 1, 2017, and specifically authorized in the general appropriation act.

A BILL to amend and reenact §§ 53.1-81 and 53.1-82 of the Code of Virginia, relating to reimbursement of capital costs; regional jails; regional contracts for cooperative jailing.

17101028D

S.B. 1325 Alcoholic beverage control; mixed beverage licenses for certain properties.

Patron: Carrico

Alcoholic beverage control; mixed beverage licenses for certain properties. Increases from 1,500 feet to 3,000 feet the distance from Interstate 81 within which the Alcoholic Beverage Control Board may grant mixed beverage licenses to establishments located on property on either frontage road between mile markers 75 and 86 in the County of Wythe.

A BILL to amend and reenact § 4.1-126 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licenses for certain properties.

17102583D

S.B. 1382 Alcoholic beverage control; applications for retail license.

Patron: Ebbin

Alcoholic beverage control; applications for retail license; health permit. Requires applicants for retail licenses for establishments that serve food or are otherwise required to obtain a food establishment permit from the Department of Health to provide a copy of such permit or proof of a pending application for such permit. The bill provides that if the applicant submits proof of a pending application for a food establishment permit, a license may be issued to the applicant, which shall authorize the licensee to purchase alcoholic beverages; however, the licensee shall not sell or serve alcoholic beverages until a food establishment permit is issued.

A BILL to amend and reenact § 4.1-230 of the Code of Virginia, relating to alcoholic beverage control; applications for retail license; health permit.

17102819D

S.B. 1391 Alcoholic beverage control; new license for certain commercial lifestyle centers.

Patron: DeSteph

Alcoholic beverage control; new license for certain commercial lifestyle centers. Defines "commercial lifestyle center" and creates a new nonretail license for commercial lifestyle centers. The bill sets out the privileges of the license and imposes a $300 annual state tax and a $60 annual local tax on the license. The bill contains technical amendments.

A BILL to amend and reenact §§ 4.1-100 and 4.1-128, as they are currently effective and as they shall become effective, 4.1-206, 4.1-231, 4.1-233, and 4.1-308 of the Code of Virginia, relating to alcoholic beverage control; new license for certain commercial lifestyle centers.

17103906D

S.B. 1448 Alcoholic beverage control; privileges of licensed distillers appointed as agents of ABC Board.

Patron: Deeds

Alcoholic beverage control; privileges of licensed distillers appointed as agents of the Alcoholic Beverage Control (ABC) Board. Allows a licensed distiller who has been appointed by the ABC Board as an agent to sell spirits manufactured by the distiller at a site of an event conducted for the purpose of featuring and educating the consuming public about spirits products.

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; privileges of licensed distillers appointed as agents of the Alcoholic Beverage Control Board.

17103309D

S.B. 1469 Alcoholic beverage control; disposable containers.

Patron: Chafin

Alcoholic beverage control; disposable containers. Includes a single original metal can in the list of allowable disposable containers that a beer licensee, a wine and beer licensee, and certain mixed beverage licensees may use to sell alcoholic beverages.

A BILL to amend and reenact §§ 4.1-208, 4.1-209, and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; disposable containers.

17104012D