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2018 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 26, 2018
Time and Place: 8:30 a.m. Senate Room A, Pocahontas

S.B. 61 Alcoholic beverage control; creates confectionery license.

Patron: Favola

Alcoholic beverage control; confectionery license. Creates a confectionery license, which authorizes the licensee to prepare and sell confectionery that contains five percent or less alcohol by volume. The bill establishes state and local fees for confectionery licenses and provides that in no event shall the sale of confectionery containing alcohol exceed 10 percent of the total annual gross sales of all confectionery and other food.

A BILL to amend and reenact §§ 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; confectionery license.

18100343D

S.B. 467 Alcoholic beverage control; creates a new limited mixed beverage license for retail cigar shops.

Patron: Reeves

Alcoholic beverage control; limited mixed beverage license for retail cigar shops. Creates a new limited mixed beverage license for retail cigar shops. The bill sets out the privileges of this new license, including a requirement that at least 60 percent of the licensee's annual gross revenue be from the sale of premium tobacco products. The bill also defines "cigar shop" and sets out the state and local license taxes for this license.

A BILL to amend and reenact §§ 4.1-100, 4.1-210, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; limited mixed beverage license for retail cigar shops.

18100271D

S.B. 482 Alcoholic beverage control; increases amount of spirits that may be offered.

Patron: Reeves

Alcoholic beverage control; spirit samples. Increases the amount of spirits that may be offered as a sample at government stores and special events from one-half ounce to one ounce and the amount that can be offered in a mixed drink from one and one-half ounces to two ounces. The bill eliminates the prohibition on providing more than four samples of alcoholic beverage products or, in the case of spirits samples, more than three ounces of spirits to any person per day and removes the requirement that distillers use a method to track the consumption of each consumer.

A BILL to amend and reenact §§ 4.1-119 and 4.1-215 of the Code of Virginia, relating to alcoholic beverage control; spirit samples.

18103732D

S.B. 483 Alcoholic beverage control; distiller's license, remote store location and tasting room.

Patron: Reeves

Alcoholic beverage control; distiller's license; remote store location and tasting room. Allows a distiller licensee who operates a government store for the sale of spirits to add to the license one additional location that is not on the licensed premises (i) to conduct tastings and (ii) for the sale of spirits.

A BILL to amend and reenact §§ 4.1-119 and 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; distiller's license; remote store location and tasting room.

18103469D

S.B. 484 Alcoholic beverage control; distiller licensee, commission for sales on licensed premises.

Patron: Reeves

Alcoholic beverage control; distiller licensee; commission for sales on licensed premises. Requires the Alcoholic Beverage Control Authority to pay a licensed distiller a commission of 20 percent of the retail price of any spirits sold by the distiller at a government store on the licensed premises.

A BILL to amend and reenact § 4.1-119 of the Code of Virginia, relating to alcoholic beverage control; distiller licensee; commission for sales on licensed premises.

18103461D

S.B. 486 Alcoholic beverage control; distiller licensee, commission from sales on licensed premises, etc.

Patron: Reeves

Alcoholic beverage control; distiller licensee; commission from sales on licensed premises; samples; hours of operation; markup. Requires the Alcoholic Beverage Control Authority (the Authority) to pay a licensed distiller a commission of 25 percent of the retail price of any spirits sold by the distiller at a government store on his licensed premises and prohibits the Authority from imposing a markup when reselling such spirits to the licensee. The bill allows such stores to operate on Sundays after 10:00 a.m. and allows licensed distillers to include in samples mixers consisting of other alcoholic beverages not manufactured on the licensed premises. The bill also increases the number of banquet licenses for special events a licensed distiller may purchase per year from four to eight and allows the licensee to sell samples of spirits at such special events.

A BILL to amend and reenact §§ 4.1-119, 4.1-120, 4.1-215, and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distiller licensee; commission from sales on licensed premises; samples; hours of operation; markup.

18101153D

S.B. 555 Barrier crimes; adult substance abuse and mental health treatment providers.

Patron: Mason

Barrier crimes; adult substance abuse and mental health treatment providers. Provides that a substance abuse or mental health treatment provider licensed by the Department of Behavioral Health and Developmental Services may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of burglary.

A BILL to amend and reenact § 37.2-416 of the Code of Virginia, relating to barrier crimes; adult substance abuse and mental health treatment providers.

18102507D

S.B. 588 Alcoholic beverage control; annual mixed beverage special events licenses.

Patron: Ebbin

Alcoholic beverage control; annual mixed beverage special events licenses. Allows annual mixed beverage special events licenses to be issued to localities for use at museums or other facilities owned by the locality and used primarily for historic interpretation.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; annual mixed beverage special events licenses.

18103717D

S.B. 606 Immigrant Assistance, Office of; created.

Patron: Ebbin

Office of Immigrant Assistance created. Establishes in the Department of Social Services 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 (i) advice and assistance regarding the citizenship application process; (ii) assistance with finding and securing employment, housing, and services for which such persons may be eligible; (iii) information to localities about state programs that help such persons find and secure employment, housing, and services for which they may be eligible; and (iv) information to localities and immigrant service organizations regarding health epidemics and unlawful predatory actions, such as human trafficking, gang recruitment, and fraudulent financial and other schemes, to which communities of such persons may be especially vulnerable.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-209.1, relating to the Office of Immigrant Assistance.

18103009D

S.B. 647 Alcoholic beverage control; applications for licenses, removes certain requirement.

Patron: McPike

Alcoholic beverage control (ABC); applications for licenses. Removes the requirement that applicants for certain ABC licenses provide a statement, under oath, setting forth any information required by the Board of the Alcoholic Beverage Control Authority. The bill replaces the sworn statement requirement with a requirement that the applicant provide a written statement certifying that all of the information contained in the application is true.

A BILL to amend and reenact § 4.1-230 of the Code of Virginia, relating to alcoholic beverage control; notarization of applications for licenses.

18103371D

S.B. 695 Alcoholic beverage control; creates an Internet beer retailers license, definition.

Patron: Lewis

Alcoholic beverage control; Internet beer retailers. Creates an Internet beer retailer license, establishes the privileges of and fee for the license, and defines "Internet beer retailer."

A BILL to amend and reenact §§ 4.1-100, 4.1-208, and 4.1-231 of the Code of Virginia, relating to alcoholic beverage control; Internet beer retailers.

18101735D

S.B. 756 Alcoholic beverage control; conduct not prohibited; donations of beer by brewery licensees.

Patron: Sturtevant

Alcoholic beverage control; conduct not prohibited; donations of beer by brewery licensees to charitable nonprofit mixed beverage special event licensees or banquet licensees. Provides that any brewery licensee may donate beer that it has manufactured and any (i) mixed beverage special events licensee or (ii) banquet licensee that is a charitable nonprofit corporation or association that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code may accept and serve such beer for on-premises consumption at the licensed charitable special event. The bill also permits brewery licensees to sponsor charitable events.

A BILL to amend and reenact §§ 4.1-201 and 4.1-320 of the Code of Virginia, relating to alcoholic beverage control; conduct not prohibited; donations of beer by brewery licensees to charitable nonprofit mixed beverage special event licensees or banquet licensees.

18103200D

S.B. 769 Alcoholic beverage control; museum license privileges.

Patron: Surovell

Alcoholic beverage control; museum license privileges. Allows museum licensees who operate a museum located in the Town of Front Royal that is dedicated to educating the consuming public about historic beer products to sell beer manufactured by a limited brewery licensee for on-premises consumption in areas approved by the Board.

A BILL to amend and reenact § 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; museum license privileges.

18103829D

S.B. 773 Alcoholic beverage control (ABC); food-to-beverage ratio.

Patron: DeSteph

Alcoholic beverage control (ABC); food-to-beverage ratio. Reduces the current 45 percent food-to-beverage ratio for mixed beverage licensees. The bill requires that a mixed beverage restaurant, caterer's, or limited caterer's licensee 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.

A BILL to amend and reenact §§ 4.1-100, 4.1-111, and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio.

18102833D

S.B. 803 Alcoholic beverage control; sales conducted at government stores established.

Patron: Reeves

Alcoholic beverage control; sales conducted at government stores established by the Alcoholic Beverage Control Board on a distiller's licensed premises; disposition of markup profits. Provides that any reasonable markup imposed by the Alcoholic Beverage Control Board pursuant to subdivision A 2 of § 4.1-235 on spirits sold at a government store established on a distiller's licensed premises shall be retained by such distiller.

A BILL to amend and reenact §§ 4.1-119 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; sales conducted at government stores established by Alcoholic Beverage Control Board on distiller's licensed premises; disposition of markup profits.

18100150D

S.B. 878 Correctional facilities, local and regional; standards for mental health services.

Patron: Dunnavant

Mental health services in local and regional correctional facilities. Requires the Board of Corrections to adopt standards for mental health services in local and regional correctional facilities, which shall include a requirement that (i) the sheriff of every county and city in which a local correctional facility is located enter into an agreement with the community services board serving that county or city for the delivery of mental health and substance abuse services in the local correctional facility and (ii) the administrator of every regional correctional facility enter into an agreement with the community services board or boards serving the counties and cities participating in the regional correctional facility for the delivery of mental health and substance abuse services in the regional correctional facility. The bill also requires community services boards to provide mental health and substance abuse services to individuals in local and regional correctional facilities and establishes a procedure for the delivery of services to individuals released from local and regional correctional facilities by the community services board serving the local or regional correctional facility or the community services board serving the county or city in which the individual will reside upon his release.

A BILL to amend and reenact §§ 37.2-500, as it is currently effective and as it shall become effective, and 53.1-68 of the Code of Virginia, relating to mental health services in local and regional jails.

18104910D

S.B. 884 Alcoholic beverage control; increases general license application fee.

Patron: McDougle

Alcoholic beverage control. Increases the alcoholic beverage general license application fee from $65 to $195. The bill also increases the application fee for mixed beverage special event licenses from $15 to $45 and increases the state tax on wine shipper's licenses and beer shipper's licenses from $95 to $230. The bill establishes that it is a Class 1 misdemeanor for (i) any person to sell wine to retailers or consumers without paying the wine excise tax or (ii) any retailer to purchase, receive, transport, store, or sell any wine on which such retailer has reason to know such tax has not been paid and may not be paid. The bill provides for a civil penalty for (a) each manufacturer or wholesaler who fails to make any return and pay the full amount of the wine excise tax or (b) each manufacturer or wholesaler who makes a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any excise tax due on each liter of wine. Current law provides for these criminal and civil penalties with regard to failure to pay the excise tax imposed on beer and wine coolers but not for failure to pay the excise tax on wine.

A BILL to amend and reenact §§ 4.1-230, 4.1-231, and 4.1-332 of the Code of Virginia, relating to alcoholic beverage control.

18104145D

S.B. 920 Adoption and foster care; barrier crimes; exception.

Patron: Ebbin

Adoption and foster care; barrier crimes; exception. Lowers from 10 years to five years the amount of time that must elapse following an applicant's conviction of felony possession of a controlled substance under clause (iv) of the definition of barrier crime in § 19.2-392.02 before a child-placing agency may approve the applicant as an adoptive or foster parent.

A BILL to amend and reenact § 63.2-1721, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to adoption and foster care; barrier crimes; exception.

18103695D