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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 27, 2017
Time and Place: Friday 7:00 a.m. / GAB Senate Room B
Updated meeting location: Senate Room B

S.B. 810 Food stamp program; categorical eligibility.

Patron: Favola

Food stamp program; categorical eligibility. Requires the State Board of Social Services to establish broad-based categorical eligibility for the food stamp program, exempting families that already qualify for certain public assistance programs from an additional financial eligibility determination for food stamp benefits.

A BILL to amend and reenact § 63.2-801 of the Code of Virginia, relating to food stamp program; categorical eligibility.

17100627D

S.B. 838 Temporary Assistance for Needy Families Scholarship Pilot Program; DSS to establish and administer.

Patron: Stanley

Department of Social Services; Temporary Assistance for Needy Families Scholarship Pilot Program. Directs the Department of Social Services (the Department)to establish and administer a three-year Temporary Assistance for Needy Families (TANF) Scholarship Pilot Program (the Program) for the purpose of providing access to postsecondary educational opportunities to students living in poverty. The Program would provide prepaid scholarships to select community colleges in the amount of $2,000 per year, to be applied toward the costs of tuition and books, to 50 to 75 selected students who meet TANF eligibility requirements. The Program would be funded by the unexpended balance in federal TANF block grant funds. The bill directs the Commissioner of the Department of Social Services to report to the Governor and the General Assembly no later than December 1 of each year regarding the effectiveness of and other information about the Program.

A BILL to direct the Department of Social Services to establish the Temporary Assistance for Needy Families Scholarship Pilot Program.

17100683D

S.B. 851 Weekend jail time; replaces the provision limiting nonconsecutive days.

Patron: Stanley

Weekend jail time. Replaces the provision limiting nonconsecutive days in jail for the purpose of allowing the defendant to retain gainful employment with a good cause standard and allows the court to sentence the defendant to nonconsecutive days in jail only if the active portion of the sentence remaining to be served is 90 days or less. If there is no objection from the Commonwealth, the court may sentence felons to nonconsecutive days in jail if the felony was not an act of violence as defined in § 19.2-297.1.

A BILL to amend and reenact § 53.1-131.1 of the Code of Virginia, relating to nonconsecutive jail days.

17101333D

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. 1008 Criminal history records checks; barrier crimes.

Patron: Hanger

Criminal history records checks; barrier crimes. Clarifies the individual crimes that constitute a barrier for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services. The bill provides further that in all cases, in addition to convictions for any barrier crime, pending charges for and findings of not guilty by reason of insanity of any barrier crime also constitute such a barrier. The bill also adds certain offenses to the list of barrier crimes.

A BILL to amend and reenact §§ 15.2-914, 16.1-333.1, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 63.2-901.1, 63.2-1601.1, 63.2-1717, 63.2-1719, 63.2-1720, as it is currently effective and as it shall become effective, 63.2-1720.1, as it shall become effective, 63.2-1721, as it is currently effective and as it shall become effective, 63.2-1721.1, as it shall become effective, and 63.2-1722 through 63.2-1726 of the Code of Virginia, relating to criminal history record checks; barrier crimes.

17100081D

S.B. 1086 In utero exposure to a controlled substance.

Patron: Wexton

In utero exposure to a controlled substance. Requires local departments of social services to collect information during a family assessment to determine whether the mother of a child who was exposed in utero to a controlled substance sought substance abuse counseling or treatment prior to the child's birth. The bill requires mandated reporters of suspected child abuse or neglect to make a report if they have reason to believe that a child was exposed in utero to a controlled substance or affected by such exposure. Under current law, mandated reporters are required to report such suspicions only if the controlled substance was not prescribed to the mother by a physician.

A BILL to amend and reenact §§ 63.2-1505, 63.2-1506, and 63.2-1509 of the Code of Virginia, relating to in utero exposure to a controlled substance.

17101353D

S.B. 1146 Jail inmates; costs of medical treatment.

Patron: DeSteph

Costs of medical treatment; jail inmates. Provides that no sheriff or jail superintendent or locality is responsible for payment of the cost of medical treatment of an inmate's pre-existing condition. Under current law, the sheriff, jail superintendent, or locality is responsible for payment of the cost of medical treatment for such inmate's pre-existing condition if that condition is a communicable disease, serious medical need, or life-threatening condition. The bill provides that adequate medical treatment shall not be withheld due to an inmate's inability to pay.

A BILL to amend and reenact § 53.1-126 of the Code of Virginia, relating to costs of medical treatment; jail inmates.

17101362D

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. 1239 Child day programs; exemptions from licensure, certification of preschool or nursery school program.

Patron: Hanger

Child day programs; exemptions from licensure. Removes certain programs from the list of child day programs exempt from licensure and clarifies that such programs are not considered child day programs and therefore are not subject to licensure. The bill also modifies the terms of certain child day programs that remain listed as exempt from licensure and requires that such programs (i) file with the Commissioner of Social Services (the Commissioner), prior to beginning operation of a child day program and annually thereafter, a statement indicating the intent to operate a child day program, identifying the Code provision relied upon for exemption from licensure, and certifying that the child day program has disclosed to the parents of children in the program the fact that it is exempt from licensure; (ii) report to the Commissioner all incidents involving serious injury or death to children attending the child day program; (iii) have a person trained and certified in first aid and cardiopulmonary resuscitation (CPR) present at the child day program; (iv) comply with background check requirements established by regulations of the Board of Social Services (the Board); (v) maintain daily attendance records; (vi) have an emergency preparedness plan in place; (vii) comply with all applicable laws and regulations governing transportation of children; (viii) comply with all safe sleep practices for infants established by regulations of the Board; and (ix) post in a visible location notice that the program is not licensed by the Department of Social Services and only certifies basic health and safety requirements. The bill also modifies staffing ratios for religious-exempt child day centers. The bill directs (a) the Board to promulgate regulations to implement the provisions of the bill and (b) the Commissioner to establish a process to inspect child day programs exempt from licensure and a process to gather and track aggregate data regarding child injuries and deaths that occur at such child day programs. The bill has a delayed effective date of July 1, 2018.

A BILL to amend and reenact §§ 19.2-392.02 and 63.2-1715 through 63.2-1717 of the Code of Virginia, relating to child day programs; exemptions from licensure.

17101850D

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. 1315 Foster care; possession of firearm.

Patron: Carrico

Foster care; possession of firearm. Requires that possession of any firearms or other weapons in a foster home comply with federal and state laws and that the individual providing foster care services store all firearms, other weapons, and ammunition in a locked closet or cabinet unless they are being lawfully carried on the individual's person. The bill requires that the key or combination to the locked closet or cabinet be maintained out of the reach of all children in the home.

A BILL to amend and reenact § 63.2-904 of the Code of Virginia, relating to foster care; possession of firearm.

17100651D

S.B. 1357 Alcoholic beverage control; tastings conducted by manufacturers, wine and beer wholesalers, etc.

Patron: Norment

Alcoholic beverage control; tastings conducted by manufacturers, wine and beer wholesalers, and authorized representatives. Increases the amount allowed to be spent on the purchase of alcoholic beverages used in a tasting conducted by manufacturers, wine and beer wholesalers, and authorized representatives from $100 to $250. The bill also provides that, as a condition of conducting the tasting, a wholesaler or the retail licensee on whose premises the tasting is conducted is not required by agreement or otherwise to pay for the purchase of the alcoholic beverage products used in the tasting.

A BILL to amend and reenact § 4.1-201.1 of the Code of Virginia, relating to alcoholic beverage control; tastings conducted by manufacturers, wine and beer wholesalers, and authorized representatives.

17102645D

S.B. 1358 Alcoholic beverage control; point of sale advertising materials.

Patron: Norment

Alcoholic beverage control; point of sale advertising materials. Provides that point of sale advertising materials provided by a manufacturer or its authorized vendor or a wholesale wine and beer licensee to a retail licensee may be made of wood or metal and increases from $40 per item to $100 per item the maximum wholesale value of such materials. The bill also provides that no wholesaler or retail licensee shall be required by agreement or otherwise to pay for such advertising materials.

A BILL to amend and reenact § 4.1-216.1 of the Code of Virginia, relating to alcoholic beverage control; point of sale advertising materials.

17102647D

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. 1397 Child day programs; exemptions from licensure.

Patron: Deeds

Child day programs; exemptions from licensure. Exempts from licensure any child day program that is offered by a local school division, staffed by local school division employees, and attended by children who are enrolled in public school within such school division. The bill provides that such programs shall be subject to safety and supervisory standards established by the local school board.

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

17102587D

S.B. 1434 Assisted living facilities and adult day care centers; background checks.

Patron: Wexton

Assisted living facilities and adult day care centers; background checks. Allows licensed assisted living facilities and adult day care centers to continue to employ a person convicted of one misdemeanor barrier crime not involving abuse or neglect if five years have elapsed following the conviction.

A BILL to amend and reenact § 63.2-1720, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to assisted living facilities and adult day care centers; background checks.

17103366D

S.B. 1461 Fostering Futures program; enrollment in the Commonwealth's program of medical assistance.

Patron: McPike


Fostering Futures program; enrollment in the Commonwealth's program of medical assistance. Directs local departments of social services to ensure that any individual participating in the Fostering Futures program is enrolled, unless the individual objects, in the Commonwealth's program of medical assistance, provided such individual (i) is eligible to receive health care services under the Commonwealth's program of medical assistance and (ii) was in foster care and enrolled in the Commonwealth's program of medical assistance on his 18th birthday. The bill requires local departments to provide all individuals participating in the Fostering Futures program basic information about health care services provided under the state plan for medical assistance services and inform such individuals that they will be enrolled in the Commonwealth's program of medical assistance unless they object. The bill defines "Fostering Futures program" and "individual participating in the Fostering Futures program." The bill requires the State Board of Social Services to promulgate regulations to implement the provisions of the bill.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-905.4, relating to Fostering Futures program; enrollment in the Commonwealth's program of medical assistance.

17103237D

S.B. 1462 Financial exploitation of adults; cases referred to law-enforcement agency.

Patron: McPike

Financial exploitation of adults. Removes the requirement that financial losses resulting from suspected financial exploitation of an adult are suspected to be greater than $50,000 in order for the case to be referred to a local law-enforcement agency.

A BILL to amend and reenact § 63.2-1605 of the Code of Virginia, relating to financial exploitation of adults.

17103239D

S.B. 1482 SHHR; certain waivers under the Supplemental Nutrition Assistance Program.

Patron: Sturtevant

Secretary of Health and Human Resources; certain waivers under the Supplemental Nutrition Assistance Program. Prohibits the Secretary of Health and Human Resources from applying for, accepting, or renewing any statewide or local waivers of the eligibility requirements for participation in the Supplemental Nutrition Assistance Program.

A BILL to prohibit the Secretary of Health and Human Resources from applying for, accepting, or renewing any waiver of the time limit for assistance for certain individuals receiving benefits through the Supplemental Nutrition Assistance Program.

17104216D

S.B. 1521 Immigrant Assistance, Office of; created in Department of Social Services.

Patron: Ebbin

Office of Immigrant Assistance created. Establishes in the Department of Social Services (the Department) an Office of Immigrant Assistance (the Office) to assist persons lawfully entering the United States and the Commonwealth for the purpose of becoming citizens. The Office shall provide online (i) advice and assistance regarding the citizenship application process and (ii) information regarding employment and housing services for which such persons may be eligible. The bill provides that the Office shall be funded by such funds currently appropriated to the Department and any existing or available federal grants.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-211.1, relating to the Office of Immigrant Assistance.

17104150D

S.B. 1578 Short-term rental; registration of persons offering property for rental.

Patron: Norment

Short-term rental of property. Authorizes a locality to adopt an ordinance requiring the registration of persons offering property for short-term rental. The bill defines "short-term rental" as the provision of a room or space suitable for sleeping or lodging for less than 30 consecutive days. Persons and entities already licensed related to the rental or management of property by the Board of Health, the Real Estate Board, or a locality would not be required to register. The bill authorizes localities to impose fees and penalties on persons who violate the registry ordinance or who offer short-term rentals that have multiple violations of state or federal laws or ordinances, including those related to alcoholic beverage control. The bill amends the Alcoholic Beverage Control (ABC) Act to clarify that certain property rented on a short-term basis is considered a bed and breakfast establishment for purposes of ABC licensing and that the exception from ABC licensing for serving alcoholic beverages to guests in a residence does not apply if the guest is a short-term lessee of the residence.

A BILL to amend and reenact §§ 4.1-100, as it is currently effective and as it shall become effective, and 4.1-200 of the Code of Virginia and to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-983, relating to the short-term rental of property.

17100761D

S.B. 1587 Alcoholic beverage control; wine and beer licenses.

Patron: Deeds

Alcoholic beverage control; 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.

17104513D

S.B. 1589 Alcoholic beverage control; spirits tastings by distiller licensee.

Patron: Peake

Alcoholic beverage control; spirits tastings by distiller licensee.

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

17104584D