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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: February 16, 2018
Time and Place: 8:30 a.m. Senate Room A, Pocahontas

H.B. 136 Alcoholic beverage control; annual mixed beverage special events licenses for museums.

Patron: Levine

Alcoholic beverage control; annual mixed beverage special events licenses. Allows annual mixed beverage special events licenses to be issued to localities for use at special events conducted on the premises of a museum for historic interpretation that is owned and operated by the locality.

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.

18102765D

H.B. 196 Child abuse or neglect; extension of hearings to review findings by local depts. of social services.

Patron: Bulova

Extensions of hearings to review findings by local departments of social services related to child abuse or neglect. Provides that a person who appeals a determination by a local department of social services related to child abuse or neglect to a hearing officer designated by the Commissioner of Social Services may request extensions of the hearing but that no extension causing the hearing to be delayed more than 90 days after the date on which the hearing was first scheduled to be held shall be granted absent a showing of compelling reasons to justify such extension.

A BILL to amend and reenact § 63.2-1526 of the Code of Virginia, relating to extensions of hearings to review findings by local departments of social services related to child abuse or neglect.

18101323D

H.B. 301 Correctional facilities, state, local, or regional; disclosure of health records.

Patron: Watts

Disclosure of health records; state and local correctional facilities. Clarifies that disclosure of health records of a person committed to a state, local, or regional correctional facility to such facility is not subject to general provisions governing disclosure of health records but is subject to provisions specific to persons committed to such facilities. The bill also provides that the person in charge of a correctional facility or his designee is entitled to obtain from a health care provider medical records concerning a person committed to such facility.

A BILL to amend and reenact §§ 32.1-127.1:03, 53.1-40.10, and 53.1-133.03 of the Code of Virginia, relating to disclosure of health records; state and local correctional facilities.

18106214D

H.B. 418 Adoption; circuit court to accept a petition filed by child's foster parent.

Patron: Carroll Foy

Adoption by foster parent. Directs a circuit court to accept a petition for adoption filed by the child's foster parent and to order a thorough investigation if (i) the child-placing agency holding custody of the child consents to the adoption after the child has resided in the home of such foster parent continuously for at least six months and (ii) the birth parents' rights to the child have been terminated. Current law requires a circuit court to accept such petition in such circumstances only after the child has resided in the home of such foster parent continuously for at least 18 months. The bill provides that after the child has resided in the home of the foster parent continuously for at least 18 months, the consent of the child-placing agency holding custody of the child is no longer needed in order to require the court to accept the petition and order an investigation. The bill contains an emergency clause.

A BILL to amend and reenact § 63.2-1229 of the Code of Virginia, relating to adoption by foster parent.

18101575D

EMERGENCY

H.B. 422 Alcoholic beverage control; sales by brewery on licensed premises.

Patron: Bulova

Alcoholic beverage control; sales by brewery on licensed premises. Requires that when a brewery licensee sells at retail the brands of beer that the brewery owns, at least 20 percent of the volume of beer sold for on-premises consumption in any calendar year shall be manufactured on the licensed premises. The bill has a delayed effective date of January 1, 2019, with a further delayed effective date of April 30, 2022, for a brewery that has entered into (i) a performance agreement with the Commonwealth of Virginia Development Opportunity Fund on or about April 20, 2016; (ii) a performance agreement entitled "Regarding Operation Period Economic Development Grant" on or about April 20, 2016; and (iii) a commercial lease agreement on or about April 14, 2017.

A BILL to amend and reenact § 4.1-208 of the Code of Virginia, relating to alcoholic beverage control; sales by brewery on licensed premises.

18105125D

H.B. 486 Alcoholic beverage control; granting of certain mixed beverage licenses.

Patron: Hurst

Alcoholic beverage control; granting of certain mixed beverage licenses. Makes two technical corrections pertaining to one of the properties to which, notwithstanding the requirement for a referendum for liquor by the drink, the Alcoholic Beverage Control Board may issue a mixed beverage license.

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

18104199D

H.B. 511 Child abuse or neglect; sex offenders, investigations, reports to law enforcement.

Patron: Bell, Robert B.

Child abuse or neglect; sex offenders; investigations; reports to law enforcement. Adds the complaint that a child has been left alone in the same dwelling with a person to whom the child is not related by blood or marriage and who has been convicted of a sexually violent offense against a minor to the list of complaints of suspected child abuse or neglect upon receipt of which a local department of social services is required to notify the local attorney for the Commonwealth and the local law-enforcement agency. The bill also adds such a complaint to the list of complaints that a local department that has been designated as a child-protective services differential response agency by the Department of Social Services must investigate.

A BILL to amend and reenact §§ 63.2-1503 and 63.2-1506 of the Code of Virginia, relating to child abuse or neglect; sex offenders; investigations; reports to law enforcement.

18100374D

H.B. 528 Independent living arrangement; DJJ, placement of certain individuals.

Patron: James

Department of Juvenile Justice; placement of certain individuals in independent living arrangement. Permits the Department of Juvenile Justice (DJJ) to place in an independent living arrangement an individual who is between the ages of 16 and 21 and who was in the custody of DJJ immediately prior to such placement. The bill also permits the Department of Social Services to provide independent living services to such individuals who are placed in an independent living arrangement and to individuals who are between 18 and 21 years of age who, immediately prior to their commitment to DJJ, had been in the custody of a local board of social services.

A BILL to amend and reenact §§ 16.1-288 and 63.2-100 of the Code of Virginia, relating to Department of Juvenile Justice; placement of certain individuals in independent living arrangement.

18102718D

H.B. 571 Alcohol; unlawful consumption, purchase, or possession.

Patron: Habeeb

Unlawful consumption, purchase, or possession of alcohol. Clarifies that it is an affirmative defense to a charge of unlawful consumption, purchase, or possession of any alcoholic beverage if the defendant shows that such consumption, purchase, or possession was allowed under the current exemptions to licensure under the ABC law. The bill provides that it is declaratory of existing law.

A BILL to amend and reenact § 4.1-305 of the Code of Virginia, relating to unlawful consumption, purchase, or possession of alcohol.

18101985D

H.B. 614 Social work; practice.

Patron: Price

Practice of social work. Provides that the Board of Social Work may license baccalaureate social workers, master's social workers, and clinical social workers, as those terms are defined, and may register persons proposing to obtain supervised post-degree experience in the practice of social work.

A BILL to amend and reenact §§ 54.1-3700 and 54.1-3705 of the Code of Virginia, relating to practice of social work.

18101583D

H.B. 797 Electronic visitation; state correctional facilities.

Patron: Hope

Electronic visitation; state correctional facilities. Authorizes the Director of the Department of Corrections to prescribe reasonable rules regarding electronic visitation systems and the collection of fees for the use of such systems. The bill provides that any facility that uses such a system shall not prohibit in-person visitation.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-35.1, relating to electronic visitation; state correctional facilities.

18100572D

H.B. 820 Alcoholic beverage control; delivery of wine or beer to retail, wholesaler requirement.

Patron: Knight

Alcoholic beverage control; delivery of wine or beer to retail licensee; wholesaler requirement. Requires that before any wine or beer may be delivered to a retail licensee for resale, such wine or beer first be delivered to the licensed premises of a wine or beer wholesaler, unloaded from the transporting vehicle, kept on the licensed premises of the wholesaler for not less than four hours prior to reloading on a vehicle, and recorded in the wholesaler's inventory. The bill exempts any holder of a restricted wholesale wine license issued pursuant to § 4.1-207.1 from the requirement to keep the wine or beer on the licensed premises of the wholesaler for not less than four hours prior to reloading on a vehicle.

 A BILL to amend the Code of Virginia by adding a section numbered 4.1-310.1, relating to alcoholic beverage control; delivery of wine or beer to retail licensee; wholesaler requirement.

18105724D

H.B. 852 Virginia Institutions of Higher Education Substance Use Advisory Committee; established.

Patron: Peace

Alcoholic beverage control; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established. Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority (Board) to establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee (Advisory Committee). The bill provides that the goal of the Advisory Committee shall be to develop and update a statewide strategic plan for substance use education, prevention, and intervention at Virginia's public and private institutions of higher education. The bill provides that the Advisory Committee shall consist of representatives from Virginia's public and private institutions of higher education, including students and directors of student health, and such other members as the Board may deem appropriate.

A BILL to amend and reenact § 4.1-103.02 of the Code of Virginia, relating to alcoholic beverage control; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established.

18101329D

H.B. 867 Private preschool programs; licensure exemptions.

Patron: Orrock

Licensure exemptions; private preschool programs. Modifies the licensure exemption requirements for certified preschool programs operated by a private school that is accredited by an organization recognized by the Board of Education. The bill allows children below the age of eligibility for kindergarten to attend the preschool program for more than five hours per day if the preschool maintains an enrollment ratio of five children age five or above to one four-year-old child and no child in attendance is under age four.

A BILL to amend and reenact § 63.2-1717 of the Code of Virginia, relating to licensure exemptions; private preschool programs.

18100207D

H.B. 873 Child care providers; criminal history background check, sunset and contingency.

Patron: Orrock

Child care providers; criminal history background check; sunset and contingency. Extends from July 1, 2018, to July 1, 2020, the expiration date and contingency on the requirement that the following individuals undergo fingerprint-based national criminal history background checks: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or approval as a family day home by a family day system, as well as agents of such applicants and any adult living in such family day home; and (iii) individuals who apply for or enter into a contract with the Department of Social Services under which a child day center, family day home, or child day program will provide child care services funded by the Child Care and Development Block Grant of 2014, as well as the applicant's current or prospective employees and volunteers, agents, and any adult living in the child day center or family day home.

A BILL to amend and reenact the fourth and fifth enactments of Chapter 189 and the fourth and fifth enactments of Chapter 751 of the Acts of Assembly of 2017, relating to child care providers; criminal history background check; sunset and contingency.

18101779D

H.B. 934 Prisoners; medical and mental health treatment of those incapable of giving consent.

Patron: Hope

Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct.

A BILL to amend and reenact §§ 17.1-406, 17.1-410, and 37.2-803 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 53.1 sections numbered 53.1-133.04 and 53.1-133.05, relating to medical and mental health treatment of prisoners incapable of giving consent.

18102531D

H.B. 1005 Alcoholic beverage control; wine wholesaler, primary area of responsibility.

Patron: Gilbert

Alcoholic beverage control; wine wholesaler; primary area of responsibility. Removes the provision that describes the "primary area of responsibility" of a wine wholesaler that enters into an agreement with a winery to sell its wine in a certain sales territory. The bill provides that removing this description of "primary area of responsibility" shall not render valid the provision of any contract, written or oral, that was entered into prior to July 1, 2018, and that was void under the law in effect prior to July 1, 2018.

A BILL to amend and reenact § 4.1-404 of the Code of Virginia, relating to alcoholic beverage control; wine wholesaler; primary area of responsibility.

18102812D

H.B. 1017 Child day programs; exemptions from licensure.

Patron: Toscano

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 preschool-age children or 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.

18102221D

H.B. 1026 Adult protective services; appealability of findings made by local department of social services.

Patron: Adams, L.R.

Adult protective services; appealability of findings made by local department of social services. Provides that all written findings and actions of a local department of social services or its director regarding adult protective services investigations are final and shall not be (i) appealable to the Commissioner for Aging and Rehabilitative Services or (ii) considered a final agency action for purposes of judicial review pursuant to the provisions of the Administrative Process Act.

A BILL to amend and reenact § 63.2-1605 of the Code of Virginia, relating to adult protective services; appealability of findings made by local department of social services.

18101587D

H.B. 1061 Blind or vision impaired; rehabilitative manufacturing and services industries.

Patron: Tran

Blind or vision impaired; rehabilitative manufacturing and service industries; sales of goods. Updates terminology regarding manufacturing and service industries operated by the Department for the Blind and Vision Impaired for the employment of individuals who are blind or vision impaired.

A BILL to amend and reenact §§ 2.2-2905, 51.5-72, and 51.5-75 of the Code of Virginia, relating to blind or vision impaired; rehabilitative manufacturing and service industries.

18106307D

H.B. 1130 Assisted living facilities, etc.; licensure of facilities operated by agencies of the Commonwealth.

Patron: Rasoul

Licensure of facilities operated by agencies of the Commonwealth. Provides for licensure of assisted living facilities, adult day care centers, and child welfare agencies operated by the agencies of the Commonwealth.

A BILL to amend and reenact §§ 63.2-1701, 63.2-1709, 63.2-1709.2, 63.2-1710, and 63.2-1737 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 63.2-1710.1 and 63.2-1710.2, relating to licensure of facilities operated by agencies of the Commonwealth.

18100412D

H.B. 1366 Home care organization; licensure, multiple locations.

Patron: Bell, Richard P.

Home care organization; licensure; multiple locations. Provides that any licensed home care organization may establish one or more branch offices serving portions of the total geographic area served by the licensee, provided that each branch office operates under the supervision and administrative control of the licensee and that the address of each branch office is submitted to the Department of Health and included on any license issued to the licensee. The bill directs the Department of Health to issue an updated license including the address of the newly established branch office to the home care organization within 10 business day s of receipt of notice that the home care organization has established the branch office.  Currently, a licensed home care organization cannot establish branch offices unless the Commissioner of Health issues a license authorizing the licensee to provide services at one or more branch offices and the address of each branch office is listed on such license.

A BILL to amend and reenact § 32.1-162.9 of the Code of Virginia, relating to home care organization; licensure; multiple locations.

18104827D

H.B. 1379 Alcoholic beverage control; records of retail licensees.

Patron: Robinson

Alcoholic beverage control; records of retail licensees. Establishes that electronic records of retail licensees may be stored off site, provided that such records are readily retrievable and available for electronic inspection by the Board of Directors of the Virginia Alcoholic Beverage Control Authority (Board) or its special agents at the licensed premises. The bill provides that in the case that such electronic records are not readily available for electronic inspection on the licensed premises, the retail licensee may obtain Board approval, for good cause shown, to permit the licensee to provide the records to a special agent of the Board within three business days after a request is made to inspect the records.

A BILL to amend and reenact § 4.1-204 of the Code of Virginia, relating to alcoholic beverage control; records of retail licensees.

18104215D

H.B. 1439 Assisted living facilities; regulations governing staff.

Patron: Sickles

State Board of Social Services; regulations related to staffing of assisted living facilities providing care for adults with serious cognitive impairments. Directs the State Board of Social Services to amend regulations governing staffing of assisted living facilities that provide care for adults with serious cognitive impairments to allow an exception to certain requirements for assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments. The bill also directs the Board of Social Services to promulgate regulations to implement the provisions of the bill within 280 days and prohibits the Board of Social Services from enforcing the provisions of 22VAC40-73-1020, as it shall become effective, in cases involving assisted living facilities that are licensed for 10 or fewer residents if no more than three of the residents have serious cognitive impairments. This bill includes an emergency clause.

A BILL to require the State Board of Social Services to amend certain regulations related to staffing of assisted living facilities providing care for adults with serious cognitive impairments.

18104728D

EMERGENCY

H.B. 1520 Alcoholic beverage control; exemptions from licensure certain nonprofit swim clubs.

Patron: Sullivan

Alcoholic beverage control; exemptions from licensure; nonprofit swim clubs. Allows any private swim club operated by a duly organized nonprofit corporation or association to allow its members to bring lawfully acquired alcoholic beverages onto the premises of such club and consume such alcoholic beverages on the premises of such club.

A BILL to amend and reenact § 4.1-201 of the Code of Virginia, relating to alcoholic beverage control; conduct not prohibited.

18106295D